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HomeMy WebLinkAbout03-28-05 Council Meeting Minutes REGULAR MEETINGMARCH 14, 2005 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, March 14, 2005 at 7:00 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 Karen L. White At-Large Vice-President Al “Buddy” Kirsits At-Large 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 February 28, 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 February 28, 2005, meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3427-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE ST. JOSEPH HIGH SCHOOL GIRL’S BASKETBALL TEAM FOR WINNING THE 2005 3-A INDIANA STATE CHAMPIONSHIP Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that theST. JOSEPH HIGH SCHOOL GIRL’S BASKETBALL TEAM won the 2005 3-A Indiana State Championship on Saturday, March 5, 2005, when they beat Corydon Central, in the Conseco Fieldhouse, Indianapolis, Indiana, by a score of 70 to st 57, giving the St. Joe Indians their 1 girls state title in the school’s history; and th Whereas, the Council notes that the 24-10 4 quarter run by the Indians set a record in team scoring for that quarter and catapulted the St. Joseph Girl’s Basketball 1 REGULAR MEETINGMARCH 14, 2005 Team to the beginning of many public celebrations of this 25-1 high school basketball team; and Whereas, the South Bend Common Council recognizes the many persons who have contributed to the victorious St. Joseph Girl’s Basketball program, namely: # 15 Corey Jo Keim, a senior guard Dan Applegate, Assistant Coach # 20 Sydney Smallbone, a sophomore guard Clem Litka, Assistant Coach # 21 Cary Werntz, a freshman forward Brad Dunlap, Assistant Coach # 23 Melissa Lechlitner, a junior guard Sarah Pendl, Manager # 25 Ashley Miller, a junior forward/center Erin Rompala, Manager # 31 Aimee Litka, a senior, guard/forward Gayle Thomas, Team Trainer # 33 DeBorah Wilson, a freshman guard, forward Bobi Megyese, Scorekeeper # 35 Katie St. Clair, a senior forward Frank Pomarico, Athletic Director # 43 Erin Newsom, a senior center Daniel Swygart, Principal # 44 Becky Newsom, a sophomore forward/center Susan Richter, Assistant Principal # 51 Kristen Dockery, a sophomore center Jim Fitzpatrick, Assistant Principal Mike Megyese, Head Coach Father Christopher Young, School Chaplain Lou Megyese, Assistant 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 ST. JOSEPH HIGH SCHOOL GIRL’S BASKETBALL TEAM for winning the 2005 3-A Indiana State Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of each member of the ST. JOSEPH HIGH SCHOOL GIRL’S BASKETBALL TEAM,both on the basketball court and in the classroom, has enabled each person to be an excellent role model for all students throughout our city; with each team member bringing the highest of honors to themselves, their family and friends, St. Joseph High School and all of the residents of the City of South Bend, Indiana. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmembers Derek Dieter and Al “Buddy” Kirsits made the presentation for this Resolution by reading it in its entirety and presenting it to the Team and Coaches. 2 REGULAR MEETINGMARCH 14, 2005 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 White seconded the motion which carried. RESOLUTION NO. 3428-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH 2005 AS DISABILITY AWARENESS MONTH AND COMMENDING THE LEGAL SERVICES PROGRAM OF NORTHERN INDIANA INC., GOODWILL INDUSTRIES OF MICHIANA INC., VOCATIONAL REHABILITATION SERVICES AND THE IU SOUTH BEND OFFICE OF DISABLED STUDENT SERVICES FOR THEIR MANY PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES Whereas, the Common Council of the City of South Bend, Indiana, notes that the Americans With Disabilities Act of 1990 has provided a federal mandate for the “elimination of discrimination against individuals with disabilities; and Whereas, the Common Council would like to highlight and thank four (4) local entities who are working each day in our community to assist people with disabilities, namely the Legal Services Program of Northern Indiana, Inc., Goodwill Industries of Michiana, Inc., Vocational Rehabilitation Services, and the IU South Bend Office of Disabled Student Services; and Whereas, the Council notes that Legal Services Program of Northern Indiana, Inc. provides services for the elderly, neighborhood mediation, and many other legal services in Elkhart, Jasper, Kosciusko, LaGrange, LaPorte, Marshall, Noble, Pulaski, Starke and St. Joseph Counties; and . Whereas, the Council notes that Goodwill Industries of Michiana, Inchas provided a full range of employment services for individuals with disabilities since 1975, and are dedicated to providing training and support so that such individuals may realize their dreams; and Whereas, the Council notes that the Vocational Rehabilitation Services for Area 4 of the Indiana Family and Social Services Administration focus on community-based services which include health care and community living support for the developmentally disabled, while providing vocational rehabilitation for the blind, deaf and hard-of- hearing; and Whereas, the Council notes that the IU South Bend Office of Disabled Student Services delivers a full range of support services to students with disabilities, providing equal access to the education process with such services including oral interpreters, Braille transcription, alternative testing & mobility assistance. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: 3 REGULAR MEETINGMARCH 14, 2005 Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares the month of March, 2005 as Disability Awareness Month. Section II. The South Bend Common Council publicly honors and thanks the following entities for their many contributions in assisting the disabled in our community, namely: the Legal Services Program of Northern Indiana, Inc., Goodwill Industries of Michiana, Inc., Vocational Rehabilitation Services, and the IU South Bend Office of Disabled Student Services. 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 Kirsits made the presentation for this Resolution by reading it in its entirety and presenting it to representatives of Legal Services of Northern Indiana; Goodwill Industries of Michiana, Inc., Vocational Rehabilitation Services; and IU South Bend Office of Disabled Student Services. A Public Hearing was held on the Resolution at this time. Angelica Mueller, Legal Services of Northern Indiana, thanked the Council for this Resolution. She stated that Indiana Legal Services of Northern Indiana has had the opportunity to provide services throughout various Northern Indiana Counties. Larry Neff, Goodwill Industries, thanked the Council for this honor. Mr. Neff advised that Goodwill Industries employs 175 people with at estimated payroll of $125,000 a week. Mr. Neff stated that it takes 1,600 people to donate items everyday, 365 days a year to keep that number of employees busy each and every day. Eric Wagenfeld, Indiana University South Bend Office of Disabled Student Services, thanked the Council for this Resolution. He stated that IUSB provides a full range of support services to students with disabilities. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kirsits made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLUTION NO. 3429-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH 2005 AS WOMEN’S HISTORY MONTH AND COMMENDING ST. MARGARET’S HOUSE, SAINT MARY’S COLLEGE AND IU SOUTH BEND FOR THEIR MANY FINE WOMEN’S HISTORY PROGRAMS AND SERVICES 4 REGULAR MEETINGMARCH 14, 2005 WHEREAS, the Common Council of the City of South Bend, Indiana, notes that since 1987, the United States Congress has given bipartisan support to the national celebration of Women’s History Month each March, where programs and activities take place in schools, workplaces, and communities to uncover and celebrate the heritage of th women; with March 8 being International Women’s Day and WHEREAS, the Council further notes that under the guidance of the National Women’s History Project, educators, parents and community organizations throughout the United the United States have energized many in preserving sites of importance to American women’s history when working with state historical societies, Girl Scout organizations and other groups throughout the nation; and WHEREAS, the South Bend Common Council recognizes that this year’s th national theme is “Women Change America”, and also marks the 85 anniversary of women winning the right to vote, which was and remains a story of inspiration, hope, courage, and purpose; and WHEREAS, the Council would like to publicly acknowledge three (3) entities in our community, namely St. Margaret’s House, The Program in Women’s Studies at St. Mary’s College, and the Women’s Studies Program at IU South Bend; and WHEREAS, St. Margaret’s House, located in downtown South Bend, began serving free lunches every day in August of 1990, and has grown to provide a “safe, hospitable community center where women and children may go” and now averages assisting 55 people per day; and WHEREAS, the Program in Women’s Studies at St. Mary’s College is an interdisciplinary program which integrates liberal arts education which supports career choices in “human services, education, business, public policy and other fields calling for social & historical awareness…”, and WHEREAS, the Women’s Studies Program at IU South Bend focuses on the “expanding recognition of the impact and strength of difference and diversity in women’s lives” and is committed to the multi-cultural and global study of women’s lives. 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 the month of March, 2005 as Women’s History Month and urges participation in the activities furthering this year’s national theme “Women Change America” SECTION II. The Common Council publicly honors and thanks the following entities for their many positive contributions in our community, namely: St. Margaret’s House, The Program in Women’s Studies at St. Mary’s College, and the Women’s Studies Program at IU South Bend. 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 5 REGULAR MEETINGMARCH 14, 2005 Councilmember Ann Puzzello, made the presentation for this Resolution by reading it in its entirety, offering her comments and presenting it to representatives from St. Margaret’s House, the Program in Women’s Studies at St. Mary’s College and the Women’s Studies Program at IU South Bend. April Odynski, Professor, Indiana University South Bend, advised that IUSB has numerous speakers and events happening to honor Women’s History Month and passed out flyers with dates and times of the events. Ms. Odynski welcomed the Council to attend. Kathy Schneider, St. Margaret’s House, stated that on behalf of the founders of St. Margaret’s House, the staff, and all of the strong, talented and wonderful women who come to St. Margaret’s House everyday, thanked the Council for this wonderful Resolution. Pat Marble, Staff, St. Margaret’s House, advised that she works at St. Margaret’s House and is a product of the IUSB Women’s Studies Program. She stated that if it were not for the Women’s Studies Program at IUSB, she would not be with St. Margaret’s House at this time. She thanked the Council for recognizes the efforts of these women. 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 Puzzello seconded the motion which carried. ANNOUNCEMENT OF BOY SCOUT TROOP 451 CHRIST THE KING Council President Charlotte Pfeifer welcomed Boy Scout Troop 451 from Christ the King School. The troop is working on earning their citizen merit badges. ST COUNCIL DISTRICT UPDATES – 1 DISTRICT COUNCILMEMBER DEREK D. DIETER Councilmember Dieter stated that there are numerous projects that are currently st underway in the 1 District and would briefly highlight them tonight. The Portage Streetscape project was awarded to Selge Construction for $177,000. Trees were removed in Fall 2004, but the remainder of the work was postponed to Spring 2005. It is expected that Selge would begin work on the project around the second week of April (depending on the weather.) The Lincolnway West Streetscape contract was awarded to LL Geans for $77,081. The project will start around the second week of April (depending on the weather.) The Riverside Trail Phase I (from Angela to Keller Park) th will have bids open by the State of Tuesday, March 15. If bids come within budget, which is approximately 1 million dollars, then it will be awarded with the expectation of construction starting this Spring/Summer. Riverside Trail Phase II (from Keller Park to Pinhook Park,) the plans and specifications are completed and are currently under review. It is possible that the second phase could be bid this year. I would expect a possible bid this year with construction next year. The Portage Round-a-bouts plans and specifications are complete. The City is currently negotiating land acquisitions, which are taking longer than expected. There is a 50/50 change to see it bid this year and construction starting this year. The safer be is to expect construction next year. The expected cost and budget for the project is 4 million. The Sherman Streetscape (Phase I) contract awarded to Northern Construction for $78,918.25. The first phase of Sherman is from Queen to Rose Streets. This was bid at the end of 2004. Construction is expected to begin around the second week of April (depending on the weather.) The Sherman Streetscape (Phase II) project will start where phase I left off at Rose and run to Riverside. It is expected to be designed this Spring with expectations that bidding and construction will be completed this Summer. The estimate and budget for this project is $80,000. The Memorial Hospital Projects will have significant impacts to the area. There will be a new 42” storm sewer installed down Lafayette Street from Navarre to the River. This project has an estimated cost of 2 million dollars. This storm sewer is part of the Storm Water Master Plan developed by Lawson-Fisher. In this project, we will also be relocating a 24” sanitary/combined sewer as part of this project. The project is expected to be bid and built this summer. Bartlett Street will be relocated to 6 REGULAR MEETINGMARCH 14, 2005 accommodate the new Oncology Building for Memorial Hospital. This project has an estimated cost of 1.9 million dollars. This project is expected to be bid and built this summer. The are improvements for the Organic Resources Department this year which include an additional bio-solids holding pad. We also hope to include some drainage improvements on the site. The budget is approximately $380,000. Councilmember st Dieter concluded his update by reporting that the 2005 1 District Business of the Month st for February is Gene’s Camera; the 2005 1 District Citizen of the Month for February is st Rosa Hinojo and the 2005 1 District Youth of the Month for February is Michaela Ross. REPORTS OF CITY OFFICES There were no reports from City Offices at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:42 p.m., Councilmember White 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 Roland Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly 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. 67-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE THE CHAPIN PARK HISTORIC PRESERVATION DISTRICT 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. Kolen Hudson, 807 Ashland, President Chapin Park Neighborhood Association and Julie Shutte, Assistant Director, Historic Preservation Commission, 125 S. Lafayette Boulevard, South Bend, Indiana, made a joint presentation on this bill. Ms. Shutte advised that this bill would designate by ordinance an historic preservation district, namely Chapin Park Local Historic District. The purpose is to assure protection of this unique area, fulfilled through public forum, guidelines and standards. The guidelines serve to guide appropriate change, provide security for private investment and protect characteristic features. The U.S. Supreme Court has ruled in favor of local historic preservation laws; guidelines appropriate tool, rehabilitation district and guidelines many items do not require review, more extensive projects would require review. Proposed standards consistent with Department of Interior Guidelines and are not a part of this bill. Landmarks follow standards for Local Landmarks, updates every five years upon recommendation of the neighborhood liaison committee. Community Asset and proximity downtown South Bend, Leeper Park, neighborhood school, th Memorial Hospital. Favored destination, diversity of housing types, styles & sizes 19 th Century to 20 Century residences. Over 60% of the building are contributing, significant, or outstanding examples, street furniture – mature tree canopy, brick streets and historic streetlights complete the neighborhood. The history of Chapin Park marks the first period of significance from 1853 to 1875. In 1853, purchase of land by Horatio Chapin, bank owner, theologian, merchant, and Martha Chapin. Martha & Horatio Chapin complete construction of their home in 1857. 1871, Horatio Chapin passes away and March Chapin Anderson and Edward Chapin inherit the land. 1875 – 1925 Second 7 REGULAR MEETINGMARCH 14, 2005 Period of significance occurs. In 1875 the Chapin children agree to divide the property. 1890-1910 main development of residential neighborhood and by 1925 the neighborhood is relatively complete. The Historical context is intact and architecturally notable example of successful professional and middle-class Victorian neighborhood. The neighborhood took advantage of early modern city amenities; water works and sewer, brick streets, electrified street lights, and the nearby trolley line. The area connected to early settlers and second-generation professionals; the Anderson, Chapin, Dushane, Sibley, Ware, Fassnacht, Voll, Burrough, and Keller families. Growth and development coincides with South Bend’s industrial and manufacturing booms in the mid-1800s and thth the decade of the late 19 and early 20 centuries. Survey’s were conducted by 12 volunteers from February 23, 2005 to March 13, 2005, all streets were included and the results were 110 in favor, 28 not in favor and 20 no answer, 56% of owner occupied homes responded. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill. Catherine Hostetler, President, Historic Preservation Commission, 708 N. St. Joseph, South Bend, Indiana, advised that since 1976 the Chapin Park Neighborhood Association has been trying to apply for the Historic District Status. Ms. Hostetler favorable recommended the neighborhood for this status. Theodore Futi, Senior Vice-President Memorial Hospital, stated that he is in favor of the historic district. Charles Reger, 816 Forrest Avenue, South Bend, Indiana, spoke in favor of the historic district and believes that property values will go up. There will have to be restriction and guideline that will have to be met because what the neighbors do to the exterior of their homes directly impact property values. Mr. Reigert advised that local historic guidelines maintain integrity. Geoff Newman, Past President Temple Beth El, 305 W. Madison, South Bend, Indiana, spoke in favor of this bill. Mr. Newman advised that the impact on the temple and vacant lot was a concern for the congregation. It was believed that it would make it very difficult to expand the campus because of costs involved. However, those concerns have been addressed and modifications in the ordinance have been corrected not to cause any problems. Mr. Newman stated that full approval of this bill is requested. Allison Hinds, 621 N. Lafayette, South Bend, Indiana, advised that she is a proud homeowner in the proposed Chapin Park Historic District and would urge to the Council’s favorable consideration on this bill. Tim Klusczinski, 617 Park Avenue, South Bend, Indiana, stated that he is the Vice- President of the Chapin Park Neighborhood Association. He advised that property values are a great concern among home owners in the neighborhood. The neighborhood is 150 years old, with unique amenities, such as lamp posts, brick streets and unique architecture that is a treasure that must to be maintained. He encourage favorable consideration of this bill. Janet Doolittle, 407 LaMonte Terrace, South Bend, Indiana, urged the Council to consider this bill favorably. Jean Pawlak, 807 Ashland, South Bend, Indiana, advised that the households in the neighborhood are very contributing to the City of South Bend. She reflected back on the ad campaign Work Downtown, Live Downtown, Play Downtown, that is what the Chapin Park Neighborhood means. It is an inner-city neighborhood that needs tools such as the Historic District to protect it as a whole neighborhood. Rita Dargis, 845 Park Avenue, South Bend, Indiana, stated that she is a 25 year resident of the neighborhood. She stated that when Memorial Hospital began to expand their 8 REGULAR MEETINGMARCH 14, 2005 campus, she was afraid of encroachment into residential property. She believes that having the protection of the historic district would allow the neighbors to have security and peace of mind knowing that their property would be safe. Wayne Doolittle, 407 Lamonte Terrace, South Bend, Indiana, advised that he lives in a 120 year old home within the Chapin Park Neighborhood. His greatest concern is the rental properties in the area. He reiterated the need to retain the charm of the Chapin Park Neighborhood. Susan Youens, 850 Forrest Avenue, South Bend, Indiana, advised that commercial businesses have encroached into the residential property. Rental homes are taking over and being kept up. She is in favor of the historic district status and encourage favorable consideration. Ann Clark, 831 Forest Avenue, stated that she has been a resident of the Chapin Park Neighborhood for over 30 years and is in favor of the historic district. Aaron Summerseffler, 613 Park Avenue, advised that he is in favor of this bill. Philip Detrie, 412 Lamont Terrace, South Bend, Indiana, advised that the history of the Chapin Park Neighborhood must be preserved and this bill would allow for that. He stated that he is in full favor of this bill. Violet Albright, 419 Lamont Terrace, South Bend, Indiana, stated that she is a 40 year resident of the Chapin Park Neighborhood. She urged favorable consideration of this bill. Giovanne Sandusky, 721 Park Avenue, South Bend, Indiana, advised that the Chapin Park Neighborhood is a valuable asset to downtown South Bend. This bill would allow for the protection that this neighborhood deserves. Theresa Sedlack, 817 Forest Avenue, South Bend, Indiana, encouraged the Council’s favorable recommendation on this bill. Brendan Crumlish, 1021 Riverside Drive, South Bend, Indiana, stated that he is an eighteen (18) year resident of the Chapin Park Neighborhood. He believes that this bill would preserve and maintain property values. Rebecca Brittenham, 856 Forest Avenue, South Bend, Indiana, urged the Council for their favorable recommendation on this bill. Liz Dube, 614 Portage Avenue, South Bend, Indiana, advised that having the Historic District Status gives more confidence to the residents of the neighborhood. Joan Downs-Krostenko, 849 Forest Avenue, South Bend, Indiana, stated that she is in favor of the historic status and encouraged the Council’s favorable recommendation. Mary Prince, 853 Forest Avenue, South Bend, Indiana, advised that she is an 18 year resident in the neighborhood and she believes that this bill would allow for the preservation of homes in the area. Connie Tooley & Tom Tooley, 514 W. Lasalle, 317 & 319 Madison, South Bend, Indiana, spoke in favor of this bill. They urged the Council for favorable recommendation. Michael Viola, 837 Forest Avenue, South Bend, Indiana, asked for favorable recommendation of this bill. Suzanne Bullock, 843 Forest Avenue, South Bend, Indiana, encourage the Council for favorable recommendation of this bill. 9 REGULAR MEETINGMARCH 14, 2005 Jan Slaby, 1207 Riverside Drive, South Bend, Indiana, stated that she has spent 34 years in restoring her home and highly praised the Historic Preservation Commission for their help over the years. She requested favorable consideration of this bill. Bob Yapp, 729 Cottage Grove Avenue, South Bend, Indiana, stated that he has traveled all over the country and visiting and working with many historic neighborhoods since the age of seventeen (17). He stated that the Historic Preservation Commission of St. Joseph County and the Chapin Park Neighborhood Association are one of the finest around. Charles Simon, President, Board of Trustees, Temple Beth El, residing at 1204 Honan Drive, stated that Temple Beth El has accepted the modified guidelines in this bill. Mr. Simon urged the Council’s favorable recommendation for this bill. Todd Zeiger, Historic Landmarks, 402 W. Washington, South Bend, Indiana, spoke in favor of this bill. Mr. Zeiger stated that this bill provides three necessary points, first being a design tool, second, limiting non-contributing dwellings, and third, allows different types of styles. This allows a balance of options to be used to maintain the integrity of the neighborhood. The following individuals spoke in opposition to this bill. Sharon Schierling, 625 N. Lafayette Blvd, South Bend, Indiana, read her letter dated February 12, 2005 and addressed to the Area Plan Commission of St. Joseph County. The local historic district (LHD) proposal was drafted by the neighborhood association board, a small group of well-meaning and like-minded activists who were elected by a very small number of property owners in the proposed district. Moreover, when they were elected, it was never stated that they would thus have authority to propose legislation that would alter property rights in the neighborhood. Rather than delegating such authority, many of us (wrongly) assumed that they would merely continue to organize “various aesthetic improvements and social activities for its residents,” (quoted from their website) such as historic streetlights, Christmas decorations, alley cleanup, garden walk, art fair booth, holiday parties, and the like. The meetings they called to discuss the possibility of creating a historic district were, by their own admission, very poorly attended. While this might suggest that there was very little interest in the idea, they took it to indicate tacit approval and proceeded to draft “Guideline” for the proposed district in collaboration with the HPC. As soon as the proposed “Guideline” were distributed to residents, it became clear that this was a very divisive issue and that the support of the property owners could not be assumed. Opponents of the LHD who objected to enacting restrictions on their property, were told that the time for neighborhood input has passed, except in the form of very specific wording changes to the “Guidelines.” Many questions have been raised about the “Guideline” that have not been answered and even LHD supporters have pointed out contradictions and ambiguities that need clarification. The guidelines have supposedly been revised to correct the flaws but the revised version has not been distributed to residents. Despite numerous calls from both LHD supporters and opponents for a referendum straw poll, or canvassing of the neighborhood to determine whether the majority of those affected support the proposal, the board has refused to do so. I’m usually quite content to let other people who care about such things make all the decisions they want about Christmas decorations, neighborhood social events and the like. The issue, however, I care about very much because if affects my property rights. And since it does affect property rights, I expect a more rigorous process to obtain the consent of the property holders. I do not think that’s too much to expect. One issue that particularly concerns me is the boundaries for the proposed LHD. While there are houses on Park and Forest Avenues that truly have historic significance, this is not the case for some of the streets on the periphery of the proposed district, including my own street, Lafayette Boulevard. My street more closely resembles a mixed-use urban area than a historic neighborhood.The “neighbors” on my side of Lafayette Boulevard include the Leeper Park tennis courts, the parking lot for Madison School, a vacant lot that until recently was occupied by a dilapidated apartment building that was recently demolished, two offices, and a synagogue. Directly across the street from me is Memorial Hospital’s multi-story parking garage with a heliport on top. A large percentage of the houses on my side of the street are rental properties., which like 10 REGULAR MEETINGMARCH 14, 2005 my house, have been divided up, added onto, and renovated numerous times since they were built. I did not buy my house as investment rental property but rather as my home and with the intention of fixing it up. However, I am neither interested in, nor can I afford, doing so with expensive “restoration” techniques and materials “in character” with the way the house was when it was built in 1898, renovated in 1945 and 1979 or whenever. This is 2005 and I live across the street from a heliport. Whatever “historic character” my house my have had at one time, is long gone. I won’t object if the good people who live of the tree-lined cobblestone streets in the beautiful truly-historic neighborhood behind my house want to create a “local historic district” for their benefit but I do not want them to diminish my property rights by imposing restrictions on my use of my property just so they can use my street as a buffer zone without any other rationale for its inclusion in the proposed district. I urge you to table the proposed ordinance until such time as the Chapin Park Board is able to distribute the revised Guidelines, to answer the questions regarding the boundaries, and to demonstrate significant support from a majority of the property owners affected. Moreover, since I have noticed that many of those opposed to the LHD, like myself, live on the periphery of the proposed district, I encourage you to recommend that such support be measured street by street rather than across the entire area. If you do go forward with the proposed ordinance at this time, I urge you to exclude all of Lafayette Boulevard (and perhaps other peripheral streets) from the LHD, not just the property on Lafayette Boulevard owned by Temple Beth-El that was previously excluded. Charles Rosenberg, 410 Manitou Place, South Bend, Indiana, stated that he is a 25 year resident of the neighborhood and opposes to such guidelines and rules. Mr. Rosenberg urged the Council to table discussion until the residents can see the modified guidelines. Carol Rosenberg, 410 Manitou Place, South Bend, Indiana stated that she is opposed to guidelines and covenants. The word covenant is not a nice word and does not belong in this neighborhood. Dan Slattery, 754 Lelan Avenue, South Bend, Indiana Anne Hayner, 754 Leland Avenue, South Bend, Indiana, advised that she loves the Chapin Park Neighborhood. She encourages preserving its uniqueness, however, the proposal before you tonight is destroying neighbor against neighbor. Laurence & Margaret Porter, 917 Leland Avenue, South Bend, Indiana, read their letter into the record. We are writing to register our opposition to the Chapin Park Local Historic District. Our opposition centers primarily on the lack of due process, the arbitrary boundaries for the proposed district and some implications for the future of our street and the neighborhood. The Chapin Park Board of Directors (10 people from an area of over 300 households) in conjunction with the South Bend – Saint Joseph County HPC have put forth a proposal on behalf of residents without any canvassing, questionnaires, or other type of vote of referendum. The Board has taken the position that lack of opposition during the process indicated agreement. Many of us assumed that before a proposal became guidelines mailed out to the households in the area there would have been some effort made to contact property owners (as was done by the Mishawaka HPC recently) to let them have an opportunity to voice opposition or support. In its own 1993 publication City of South Bend Summary Report: Indiana Historic Sites and Structures Inventory the HPC states that in the case of potential local historic districts “Designation of these neighborhoods, would necessitate support from a majority of property owners in the area” (p. 235 of the Inventory). At not time from the inception of this plan by the Chapin Park board members has support been measured or actively sought. Communications have come through a listserv, to which fewer that 1/3 of the residents subscribe and through a newsletter, which is delivered by volunteers rather than U.S. mail. Since the Guidelines were sent out last fall there have been repeated requests for a referendum on this proposal, but the objection by the board is that it would be “too messy” and too much work. Many of us are troubled by the fact that board members use the legitimacy of their election to the board as a mandate to impose the historical designation on all the property owners, but are unwilling to pursue a process that would insure the right of all of us to be hard and counted. As far as we know there has been no effort to follow up to make sure that the guidelines and the concept of a local historic 11 REGULAR MEETINGMARCH 14, 2005 district designation are understood by everyone or that they were even received. There are people in the neighborhood who are elderly, in poor health, non-native English speakers. When we brought this up at the December 20, 2004 HPC meeting we were told that our “concerns were commendable” and we should go out and contact our neighbors. We have done so to the best of our ability given the weather and time. The people we have talked to admit they did not understand the guidelines, what they meant for them. Some people assumed the guidelines were already in effect, a done deal so to speak. There are also those who own the rental properties. Did they get copies of the guidelines at their residences or were they sent to the tenants? Even though we may have deep reservations about some of the landlords the guidelines will be imposed on rental properties as well and that has an effect on all of us. We also believe that it is not coincidental that the Chapin Park board and those who have spoken out strongly in favor of LHD are resident of Park and Forest Avenues. Lafayette, Navarre, Leland, Rex, Portage, Marion and Madison have very few, if any, supporters of this proposal, at least not any expressed through the listserv, the only means we have had to gage support or opposition so far. However, if there is no vote or referendum we will never know. We have tried to find out how the boundaries for the LHD were established. We have asked this of the HPC and the Chapin Park board, but have not yet received an answer. The closest responses are statements made in private by board members. For example, Leland Avenue is included as “buffer” for the more historic parts of the neighborhood. Leland Avenue, although it has some well-maintained and restored homes has no structures that are rated as historically significant, at least not based on HPC’s own inventory. The section of Rex Street closest to Portage Avenue is not included, because the homes there are pretty run-down rental properties and if included it would be difficult to get demolition approved. This reasoning is troublesome for those of us who live on Leland Avenue where there are many rental properties, some in questionable condition. We take this to mean that if we are included in a LHD the changes of demolition of troublesome houses will be practically non-existent. However, it there are different reasons for the boundaries no one has spoken up to tell us so. We are preservation minded people. Our home has been renovated and restored with as much care and attention as our financial situation has allowed. We are members of the Historic Landmark Foundation of Indiana and the Northern Indiana Center for History. However, our street of modest homes and is closer in proximity and type to areas not included in this proposal, such as California Avenue. We are both active members of the NNN, Inc. (Near Northwest Neighborhood Association, Inc.) which as a community development organization works to rehab and build homes in the area for middle and low income residents. We are fearful that the work of NNN will not be possible under the restrictions of LHD status. As a case in point, we have a newly constructed home next door to us, which would not have been possible under a LHD designation. The possibility of demolishing houses and replacing them with new construction of homes that fit the character of the neighborhood will diminish. While we would certainly like to be wrong, it is not too farfetched to envision a street with predominantly rental housing, owned by landlords, who, rather than comply with regulations and restrictions, have elected to forego improving their properties. For the reasons stated above we urge you to recommend that the proposed ordinance be tabled until current boundaries are re- examined and until there is a referendum, poll, questionnaire, or other evidence that the proposal is supported by a majority of the property owners. Tab Roehrs, 609 Portage Avenue, South Bend, Indiana advised that he is opposed to this th bill and that it is a direct violation of the 14 Amendment of the United States Constitution. Vicki Bely, 20154 Jackson Road, South Bend, Indiana, commended both side for their time and effort. She urged the Council to take this bill under advisement when there is so much imformation to process. There was no one else present wishing to speak in opposition to this bill. 12 REGULAR MEETINGMARCH 14, 2005 In rebuttal, Mr. Hudson stated that the guidelines are no approved by the Council, they are set up by the Historic Preservation Commission only after Council approval of the Ordinance. Mr. Hudson assured the neighborhood that he would be willing to work with them. Mr. Hudson stated that the National Historic District is one of prestige. The guidelines are needed to prevent unwanted people moving into the neighborhood. Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Varner.) BILL NO. 5-05 PUBLIC HEARING 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 Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White, Chairperson, Health and Public Safety Committee, reported that this Committee held a Public Hearing on this bill this afternoon and voted to send this substituted bill to the full Council with a favorable recommendation. Ann-Carol Nash, Assistance City Attorney, 1400 County-City Building, South Bend, Indiana made the presentation for this bill. Ms. Nash advised that this substitute bill would amend Chapter 9, Section 2 of the South Bend Municipal Code and would incorporate into the Municipal Code the most recently adopted fire code used by the State of Indiana and the St. Joseph County/City of South Bend Building Department. The difference between the substitute bill and the original bill submitted is that the substitute bill will automatically incorporate the fire code used by the Building Department and the most up to date fire code used by the State of Indiana, without the need for future amendments to Chapter 9. Councilmember Kirsits disclosed that he is a South Bend Fire Fighter and after discussion with Council Attorney Kathleen Cekanski-Farrand, that there is no conflict of interest in this matter. This being the time heretofore set for the Pubic 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 nine (9) ayes. BILL NO. 14-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLE 3, SECTION 16-26 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE CERTAIN CHARGES AT THE CITY’S ORGANIC RESOURCE FACILITY AND TO CLARIFY THE COMMERCIAL NATURE OF RECYCLED YARD WASTE 13 REGULAR MEETINGMARCH 14, 2005 Councilmember Kirsits, Chairperson, Utilities 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. Jack Dillon, Ph.D., Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that this ordinance relates to fees charges for the loading and delivery of materials prepared at the City’s Organic Resource Facility. The ordinance would raise fees for the loading of more than 2 cubic yards of material, but leaves fees for smaller amounts unchanged. These changes should not affect the opportunity for residents of the City to recycle these materials in their gardens and lawns. This being the time heretofore set for the Pubic 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 nine (9) ayes. BILL NO. 15-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17-49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES Councilmember Kirsits, Chairperson, Utilities Committee reported that this Committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the Council with a favorable recommendation. Andrew Wierzbicki, South Bend Water Works, 204 N. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Wierzbicki advised that due to the aging of the system and the increase in the number of service line leaks, we find it necessary to request an increase of the leak insurance fund. The present charge of $1.50 per month would increase .37 cents to $1.87, and an additional .13 cents in the year 2006. This being the time heretofore set for the Pubic 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 as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2005 INCLUDING $8,124,887 FROM THE GENERAL FUND, $848,701 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $625,000 EMERGENCY MEDICAL SERVICES, $8,572,848 FROM THE COUNTY OPTION INCOME TAX FUND, $824,000 FROM 14 REGULAR MEETINGMARCH 14, 2005 THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $35,000 MORRIS PERFORMING ARTS CENTER, $71,600 FROM THE PARKS AND RECREATION FUND, $255,600 FROM THE PARKS NON-REVERTING CAPITAL FUND, $45,000 FROM THE PARK RECREATION NON-REVERTING FUND, $20,000 FROM THE EAST RACE WATERWAY FUND, $10,000 FROM THE ZOO ENDOWMENT, $100,000 COVELESKI STADIUM, $4,260,516 FROM THE LOCAL ROADS AND STREETS FUND, $47,600 FROM THE PROJECT RELEAF FUND, $58,200 SOLID WASTE, $284,700 FROM THE WATER WORKS DEPRECIATION FUND, AND $6,432,590 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mayor Stephen Luecke, 1400 County-City Building, South Bend, Indiana made the presentation for this bill. Mayor Luecke advised that the City anticipated making a variety of capital improvements to its various facilities and capital inventory during fiscal year 2005 and has determined that it is necessary and appropriate t make payment of these expenses and to appropriate sufficient funds from the various capital fund of the City to do so, and that it is in the best interests of the City that the same occur. This being the time heretofore set for the Pubic Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Varner stated that there should be accountability for 4 items in this proposed bill before the Council tonight. He advised that there are two (2) items that are over eight (8) million dollars; 1 item over six (6) million dollars and 1 item over 4.2 million dollars. 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 nine (9) ayes. RISE AND REPORT Councilmember White made a motion to rise and report to the full Council. Councilmember Varner 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 15 REGULAR MEETINGMARCH 14, 2005 Councilmember Varner made a motion for a five minutes recess, seconded by Councilmember Dieter which passed by a voice vote of nine (9) ayes. 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 10:14 p.m. Council President Charlotte D. Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9573-05 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; GREGORY A. KIZER AND MARYLOU KIZER, 52501 PORTAGE HIGHWAY, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the substitute and amended as in the Committee of the Whole version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted and amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9574-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA TO CREATE THE CHAPIN PARK HISTORIC PRESERVATION DISTRICT This bill had third reading. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and three (3) nays (Varner, Rouse, Pfeifer) ORDINANCE NO. 9575-05 AN ORDINANCE 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 nd This bill had third reading. Councilmember White made a motion to consider the 2 substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to nd pass the 2 substitute version of this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 16 REGULAR MEETINGMARCH 14, 2005 ORDINANCE NO. 9576-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLE 3, SECTION 16-26 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE CERTAIN CHARGES AT THE CITY’S ORGANIC RESOURCE FACILITY AND TO CLARIFY THE COMMERCIAL NATURE OF RECYCLED YARD WASTE 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. ORDINANCE NO. 9577-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17-49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES 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. 9578-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2005 INCLUDING $8,124,887 FROM THE GENERAL FUND, $848,701 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $625,000 EMERGENCY MEDICAL SERVICES, $8,572,848 FROM THE COUNTY OPTION INCOME TAX FUND, $824,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $35,000 MORRIS PERFORMING ARTS CENTER, $71,600 FROM THE PARKS AND RECREATION FUND, $255,600 FROM THE PARKS NON-REVERTING CAPITAL FUND, $45,000 FROM THE PARK RECREATION NON-REVERTING FUND, $20,000 FROM THE EAST RACE WATERWAY FUND, $10,000 FROM THE ZOO ENDOWMENT, $100,000 COVELESKI STADIUM, $4,260,516 FROM THE LOCAL ROADS AND STREETS FUND, $47,600 FROM THE PROJECT RELEAF FUND, $58,200 SOLID WASTE, $284,700 FROM THE WATER WORKS DEPRECIATION FUND, AND $6,432,590 FROM THE SEWAGE WORKS DEPRECIATION FUND 17 REGULAR MEETINGMARCH 14, 2005 This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 05-19 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 3201 W. WESTERN AVENUE, SOUTH BEND, INDIANA 46619 Councilmember Varner made a motion to continue this bill until the March 28, 2005 meeting of the Council, at the request of the petitioner. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3430-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2004 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap/junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap/junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap/junk/and recycling operation has been completed by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on February 23, 2005, recommended the issuance of the license for the below listed applicants in the City of South Bend, by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement, Water Works and the Fire Department Prevention Bureau, inspections having been made in 2004, and subsequent favorable recommendation by the Board of Public Works: Indiana Iron & Metal Hurwich Iron d/b/a U.S. Scrap & d/b/a U.S. Scrap & Recycling Recycling 1602 S. Lafayette 1700 West Washington South Bend Scrap & Processing Indiana Auto Parts Div. Sturgis Iron & Metal 1602 S. Lafayette 3113 S. Gertrude 18 REGULAR MEETINGMARCH 14, 2005 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Kelly, Chairperson, Personnel and Finance Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Gary Gilot, Director, Board of Public Works, 1300 County-City Building, South Bend, Indiana, made the presentation on the bill. Mr. Gilot advised that in accordance with the procedure for the renewal of license applications for Scrap Metal/Junk Dealers/Recycling Operations Transfer Station operations, inspections of the premises of four (4) dealers submitting a renewal license application was conducted by the Fire Prevention Bureau, Water Works and the Department of Code Enforcement. The properties were inspected for fire code violations, environmental violations, proper maintenance of the premises and areas outside fenced- in-areas, and the height and condition of surrounding fencing. The Board of Public Works, at its meeting held on February 23, 2005, adopted Resolution No. 12-2005 recommending the approval of these license renewals for 2004. 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 Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 16-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $23,30.00 FROM THE RIVER RESCUE FUND (NO. 291) TO TRAIN PERSONNEL AND PURCHASE EQUIPMENT 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 March 28, 2005. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $22,253.30 FROM HAZ-MAT FUND (NO. 289) TO PURCHASE NEW EQUIPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 28, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $650,000 OF UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD 19 REGULAR MEETINGMARCH 14, 2005 GRANT FUNDS WITHIN FUND 209, FOR THE PURPOSE OF CONDUCTING BROWNFIELD ASSESSMENT AND CLEANUP ACTIVITIES Councilmember Puzzello made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 28, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT #1, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; JO ANN NUCCI, 52520 PORTAGE ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS Councilmember Varner thanked the Council for signing the Proclamation for Dave Frame, of Bob Frame Plumbing and Heating for being named the 2005 Contractor of the Year by the Indiana Association of Plumbing-Heating-Cooling Contractors (PHCC) NEW BUSINESS A. UPDATES FROM COUNCIL MEMBERS SERVING AS REPRESENTATIVE ON OTHER COMMITTEES WHO HAVE MET WITHIN THE LAST TWO WEEKS Councilmember Rouse stated that he sits on the Waste Management Board along with Mark Mehall and County Councilmember Randy Przybysz. Councilmember Varner stated that his sits on the Michiana Area Council of Governments, MACOG, and commended this organization. He encourage citizens to utilize their website: www.macoggis.org. Councilmember White stated that she sits on the Urban Enterprise Association Board. She advised that they have to fill vacancies on the Board, because they have been unable to conduct business due to the lack of a quorum. Councilmember White stated that anyone interested in applying for the positions should contact her directly. B. MISCELLANEOUS There was no miscellaneous information to come before the Council at this time PRIVILEGE OF THE FLOOR A. PUBLIC PORTION 20 REGULAR MEETINGMARCH 14, 2005 COMMENTS BY JIM CIERZNIAK CONCERNING THE RELOCATION OF ERSKINE GOLF COURSE Mr. Jim Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, spoke in opposition of the Relocation of Erskine Golf Course. Mr. Cierzniak stated that the aborted plan to sell Erskine Golf Course to a private developer leaves one important question for South Bend taxpayers: Who was the developer that seduced you into a plan to sell-off one of the premier pieces of open land in the city? Mr. Cierzniak stated that all information should be made accessible to the public, as well as written reports and memos associated with that deal. While “All’s well that ends well” has some application here, you have not been as forthcoming as you should be on the details of the proposed deal. The administration has put the community through some anxious moments. Time to make amends by giving , us the complete story, not the truncated one offered at March 92005 news conference. COMMENTS BY VICKI BELY CONCERNING THE RECENT APPROVAL FOR TAX ABATEMENT FOR HIDDEN CREEK SUBDIVISION Ms. Vicki Bely, 20154 Jackson Road, South Bend, Indiana advised that there is illegal construction by the developer because he has not obtain the proper permits to begin such work. Ms. Bely then criticized the Council’s procedures on public hearings and voiced her concern on limiting the amount of time a person can speak. COMMENTS BY LUCILLE SPALDING CONCERNING THE USE OF A WOODBURNING STOVE AS A PRIMARY SOURCE OF HEATING Ms. Lucille Spalding, 1124 N. Meade Street, South Bend, Indiana stated that at 2623 Lincolnway West in South Bend, (former Ridge Company Building) the owner is using a woodburning stove as the primary source of heat. She stated that there are days when the smoke and smell of the wood burner actually makes her sick. She questioned whether using the wood burner as the primary source of heat is a code violation? This topic was assigned to Karen White, Chairperson, Health and Public Safety Committee. B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A TOPIC FROM THE PRIOR COUNCIL MEETING Councilmember Kelly, Chairperson, Personnel and Finance Committee, read into the record a statement prepared by Chief Assistance City Attorney Aladean M. DeRose regarding the Position Statement of the South Bend Human Rights Commission Gays, Lesbians, Bi-sexuals, and Transgendered Persons. The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and duty of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments. Gays, lesbians, bi-sexuals and transgendered (G, L, B & T) persons have experienced mistreatment based on their G, L. B & T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public, to explore, investigate and to determine the degree to which G, L, B & T persons have been treated adversely within the City of South Bend due to their G, L, B & T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy. Councilmember Kirsits made a request of Council Attorney Kathleen Cekanski-Farrand and Chief Assistance City Attorney, Aladean M. DeRose to research when a motion can be made from the floor. He also wanted clarification on if the motion can be made by any Councilmember. This is in reference to retaining the Council Attorney. 21 REGULAR MEETINGMARCH 14, 2005 ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 10:45 p.m. ATTEST: ATTEST: ___________________________ ___________________________ John Voorde, City Clerk Charlotte D. Pfeifer, President 22