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HomeMy WebLinkAbout12-12-11 Common Council Meeting Minutes REGULAR MEETING DECEMBER 12, 2011 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, December 12, 2011 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large, Chairperson Committee of the Whole Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy 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 November 28, 2011 Meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember White made a motion that the minutes of the November 28, 2011 Meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS Councilmember Oliver Davis made a motion to strike Bill No. 11-60 from the Council’s Agenda at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4135-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, HONORING AND ST THANKING SOUTH BEND’S 31 MAYOR STEPHEN J. LUECKE, THE LONGEST SERVING MAYOR IN OUR CITY’S HISTORY 1 REGULAR MEETING DECEMBER 12, 2011 Whereas, the Common Council of the City of South Bend, Indiana, notes that Stephen J. Luecke began his South Bend political career as one of the original Three Amigos along with John Voorde and Sean Coleman when three young men collaborated together on events depicted in Far Side; and Whereas, the nine (9) years which Steve served on the South Bend Common st Council as the 1 District Council Member provided him with great opportunities to interact and develop a strong resume for the highest executive municipal position which he was appointed to in January 1997 to complete the Mayoral term of Joseph E. Kernan; and Whereas, for the next fifteen (15) years, Mayor Steve served with the utmost distinction, especially in light of being raised as one of seven (7) children by his parents nd in Freeport, Illinois – the site of the 2 Lincoln-Douglas Debate, however this image quickly changed when Mayor Steve convincingly portrayed a Lame Duck accompanied by Nurse Peg at a recent Halloween benefit; and Whereas, Mayor Steve generated more political cartoons in the South Bend Tribune which undoubtedly upped its circulation more than any thing, except perhaps Nancy Sulok’s articles about him; and Whereas, a multitude of capital projects throughout the City of South Bend reflect Mayor Steve’s vision, hand-work, and true love of South Bend, its residents, its st businesses, and his quest to be a model for other municipalities to be a 21 Century 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 st Common Council hereby publicly commends and thanks the 31 Mayor of the City of South Bend, Indiana, Stephen J. Luecke, for his fifteen (15) years of serving as Mayor, but more importantly for his character and integrity in faithfully serving the citizens of South Bend as our executive leader. Section II The Council wishes Mayor Steve, his wife Peg, their four (4) children, and their many other family members and friends great futures. The City of South Bend, Indiana reflects your hard-work and determination which will positively impact future generations. 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/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Al “Buddy” Kirsits, At-Large s/Tom LaFountain, Third District s/Timothy Rouse, At-Large s/Ann Puzzello, Fourth District s/Karen L. White, At-Large s/Dr. David Varner, Fifth District s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor City Clerk John Voorde, 1029 Clermont, South Bend, Indiana, and St. Joseph County Treasurer Sean Coleman, South Bend, Indiana, made the presentation for this Resolution by first offering their comments and reading the Resolution in its entirety and presenting it to Mayor Luecke. 2 REGULAR MEETING DECEMBER 12, 2011 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’s White, Rouse, Kirsits, Oliver Davis, Puzzello, LaFountain, Henry Davis and Dieter thanked the Mayor for his dedication to the City. They wished him well in his future endeavors. Mayor Luecke stated that it has been a privilege to be mayor and thanked city employees for their work. He also thanked the Council Members for the tough votes they’ve cast on city initiatives. Mayor Luecke stated that we’ve had some difficult issues to deal with in particular these last four years. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 4136-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, AND THANKING ANN PUZZELLO FOR HER TWENTY (20) YEARS OF DEDICATED SERVICE AS TH THE 4 DISTRICT COUNCIL MEMBER Whereas, the Common Council of the City of South Bend, Indiana, recognizes that the very heart and soul of a community is shaped by the pride and dedication of its people who labor daily to make the city richer in spirit, by caring for each other’s needs and services; and th Whereas, 4District Council Member Ann Puzzello has dedicated twenty (20) of th her life serving the best interests of the residents and business in her 4 District; and Whereas, as Chairperson of the Council’s Parks, Recreation, Cultural, Arts & Entertainment, Ann has been seen on countless occasions: diligently attending all of the Board of Park Commissioner meetings; enthusiastically riding the train at Potawatomi Zoo and on occasions fighting to be the train conductor; faithfully purchasing plants at the Greenhouse annual sales; skating at Howard Park Ice Rink; working out at the O’Brien Fitness Center; cheering on the Council Rules softball team at Belleville; enjoying the Silver Hawks at the Stanley Coveleski Regional Stadium – just to name a few of her activities; plus being a star student at the South Bend Fire School and religiously coming in daily to her Council Office; and Whereas, Ann has served on the City’s Board of Zoning Appeals, on the Northeast Neighborhood Council Board, on Community Oriented Policing (COPS) and currently serves as the Council’s representative on the Area Plan Commission where she tenaciously monitors all zoning and special exception requests; and Whereas, the Common Council notes that Council Member Puzzello served as Council President in 1989 and 1993 and was known for scheduling many on-site meetings at various locations throughout the City of South Bend and for requiring large, colored maps for each occasion. 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, congratulates and thanks a very special , ladyAnn Puzzello, for her twenty (20) years of dedicated service to the residents of the 3 REGULAR MEETING DECEMBER 12, 2011 th 4 District and her tireless work-ethic of working long and many hours on behalf of all South Bend residents and businesses. Section II. Ann’s love of South Bend is truly reflected in the many ordinances which she sponsored over the years; in the many constituents which she has helped in solving countless neighborhood problems, and in her never-ending desire to always promote the best interests of the City of South Bend. May you enjoy your retirement years with your husband, Giacomo, and your many family and friends. 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/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Al “Buddy” Kirsits, At-Large s/Tom LaFountain, Third District s/Timothy Rouse, At-Large s/Dr. David Varner, Fifth District s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Al “Buddy” Kirsits, Councilmember At-Large, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and reading the Resolution in its entirety and presenting it to Council Member Puzzello. 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’s White, Rouse, Oliver Davis, Varner, LaFountain, Henry Davis and Dieter, thanked Councilmember Puzzello for her dedication to the City and wished her and her husband Jim all the best in the future. Councilmember Puzzello thanked the Council for this honor. She stated that it has been th an honor and a privilege to serve the citizens of South Bend and the residents of the 4 District. She stated that she loves South Bend and looks forward to the new Councilmember’s continuing to keep the City thriving. She stated that sometimes being on the Council can be stressful and rewarding at the same time. She stated that she looks forward to full retirement and spending time with her family. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 4137-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING, AND THANKING AL “BUDDY” KIRSITS FOR HIS TWELVE (12) YEARS OF DEDICATED SERVICE AS A COUNCIL MEMBER AT LARGE Whereas, on January 1, 2000, the world as we knew it changed when Al “Buddy” Kirsits began serving as a Council Member at Large for the City of South Bend, Indiana; and 4 REGULAR MEETING DECEMBER 12, 2011 Whereas, never before did the City have a Council Member who literally saved a person’s life during a fire - just weeks before an election, and humbling went on with his every day activities; and Whereas, Buddy’s SPEA training taught him to effectively balance his duties as a South Bend Fire Department Battalion Chief with his many legislative duties, and on many occasion he would come to Council committee meetings straight from River Rescue School or coaching baseball (often with the sweat to show for it); and Whereas, Buddy saw the inequities of those South Bend city workers who were called to active military duty and sponsored an ordinance on fair wages and benefits for those deployed overseas; he co-sponsored the special events ordinance against much early resistance which created the Community Campus Advisory Coalition (CCAC) which Buddy successfully turned into a very effective town/gown organization under his leadership and dedication to help develop good working relationships; and Whereas, over the years, Buddy has chaired both the Utilities Committee and the Zoning and Annexation Committee, which included him scheduling many field trips to sites to see first-hand the locations and whether the proposed uses would be compatible with the surrounding neighborhood. 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 congratulates Al “Buddy” Kirsits for the twelve (12) years which he has brought experience, humor and real-life perspectives in helping th make South Bend a better place. We also wish you Happy Birthday on December 26--- st 1 came Jesus then came Buddy!!! rd Section II As a 2nd generation Firefighter who is now working with his 3 generation son on the South Bend Fire Department, we wish Buddy, his wife Mary and their entire family super great real-life experiences for years to come; which we know will include tall tales on the forging habits of fish and firefighters; creative versions of the 12 Days of Christmas; and countless smiles on the faces of firefighters and their family and friends as you continue to MC the annual Firefighters Retirement Dinner. 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/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Dr. David Varner, Fifth District s/Tom LaFountain, Third District s/Timothy Rouse, At-Large s/Ann Puzzello, Fourth District s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Karen L. White, 1912 Malvern Wayne, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and reading the Resolution in its entirety and presenting it to Council Member Kirsits. 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. 5 REGULAR MEETING DECEMBER 12, 2011 Councilmember’s Rouse, Oliver Davis, Varner, Puzzello, LaFountain, Henry Davis, and Dieter thanked Councilmember’s Kirsits for his dedication and service to the City of South Bend. They wished him, his wife and children all the best in the future. Councilmember Kirsits thanked the Council for this Resolution. He thanked his family for their support over these past twelve years. He stated that the Council has faced many difficult decisions over the past few years and believes that the City is in much better shape than most Midwest cities across the country. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember Oliver Davis seconded the motion which carried. RESOLUTION NO. 4138-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND THANKING TIMOTHY A. ROUSE FOR HIS SEVEN (7) YEARS OF DEDICATED SERVICE AS A COUNCIL MEMBER AT LARGE Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Rev. Timothy A. Rouse began serving as a Council Member at Large on January 29, 2005, following his election by the Democratic Precinct Members to replace outgoing Council Member Sean Coleman; and Whereas, as a life-long resident of the City of South Bend, Council Member Rouse can recall stories and events which go back much farther than those of Council President Dieter’s; and Whereas, as the past Chairperson of the Residential Neighborhoods Committee, Council Member Rouse scheduled committee meetings at each of the neighborhood centers – the first time that was ever done; and as Chairperson of the Community and Economic Development Committee had the TRANSPO Trolley take the Committee members and concerned citizens to developments taking place throughout the city so that there would be a better appreciation of the fruits of programs such as tax abatement; and Whereas, as a NAACP life member and a certified clinical member of the National Christian Counselors Association, Council Member Rouse effectively balances the gruff Marine training of his youth with the pastoral philosophical underpinnings to eloquently stress the importance of Dr. Stephen Covey’s Seven Habits of Highly Effective People which focuses on the integrity and humanity to help create positive synergistic outcomes; and Whereas, Council Member Rouse co-sponsored the ordinance creating what has become a model for town/gown relationships – the Community Campus Advisory Coalition (CCAP); sponsored the ordinance which streamlined the South Bend Advisory Commission on Black Males; and most recently spearheaded the ordinance creating the MBE/WBE Utilization Board which will help oversee and advance equal opportunities which promote diversity and inclusion for minority business enterprises and women business enterprises and programs in the City of South Bend. 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 thanks Council Member at Large Timothy A. Rouse for his seven (7) years of dedicated service to the citizens of South Bend, including the leadership which he provided as past Council President. 6 REGULAR MEETING DECEMBER 12, 2011 Section II The Council wishes Rev. Rouse, and his wife, Hazel, only the best in the years to come and hope that they will continue to be positive voices in the future throughout our community. 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/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Dr. David Varner, Fifth District s/Tom LaFountain, Third District s/Al “Buddy” Kirsits, At-Large s/Ann Puzzello, Fourth District s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Oliver J. Davis, 1801 Nash Street, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and reading the Resolution in its entirety and presenting it to Council Member Rouse. 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’s White, Kirsits, Varner, Puzzello, LaFountain, Henry Davis, and Dieter thanked Councilmember Rouse for his dedication and commitment to the City. They wished him and his wife Hazel all the best in the future. Councilmember Rouse thanked the Council for this Resolution. He stated that he is just shifting gears. He stated that he won’t be on the Council, but rest assured that he will be in communication. He stated that there is much to do in this great city. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 4139-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING TOM LAFOUNTAIN FOR HIS FOUR (4) YEARS OF RD DEDICATED SERVICE AS THE 3 DISTRICT COUNCIL MEMBER Whereas, the Common Council of the City of South Bend, Indiana, recognizes that it has had many attorneys serve on the Council over the years, but never one like Tom LaFountain who spoke infrequently during public meetings, but when he did, the room listened; and Whereas, perhaps it was his demeanor as a professor at Bethel College which brought to him the keen ability to effectively chair the Personnel and Finance Committee for many years; and 7 REGULAR MEETING DECEMBER 12, 2011 Whereas, others believe it was his Wolverine background which taught him to be a great team player on the City Negotiating Team who was able to reach agreement with the police union and the firefighters union representatives; and rd Whereas, community service and dedication to the people of the 3 District are just some of the many things that the Council will remember which reflect Tom’s tenure on the Council; and Whereas, Personnel and Finance Committee budget hearings; meetings on proposed appropriations and transfers – are just some of the very dry but necessary duties which Tom spear-headed with credibility and a tone which kept everyone on task. 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 thanks Tom LaFountain for his rd character and integrity in faithfully serving the residents and businesses in the 3 Councilmanic District. , Section II The Council wishes Tom his wife, Jill, and their two (2) sons only the best in the years ahead as they seek new adventures with family and friends. Our door will always be open to you to assist during budget hearings, wage negotiations and other tedious but necessary fiscal tasks. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Councilmember David Varner, Clayton Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and reading the Resolution in its entirety and presenting it to Council Member LaFountain. 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’s White, Rouse, Kirsits, Oliver Davis, Puzzello, Henry Davis, and Dieter thanked Councilmember LaFountain for his commitment to the City and his dedication as the Council’s Chairperson of the Personnel and Finance Committee. Councilmember LaFountain thanked the Council for this Resolution. He stated that these past four years have been difficult years for the City financially. He stated that he loved working with the Council and their panorama of personalities. He stated that he is not a native of South Bend but how he has come to love South Bend and looks forward to raising his sons and spending much quality time with them and his wife. Councilmember Dieter made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. s/Derek D. Dieter, First District s/Oliver J. Davis, Sixth District s/Henry Davis, Jr., Second District s/Al “Buddy” Kirsits, At-Large s/Ann Puzzello, Fourth District s/Timothy A. Rouse, At-Large s/Dr. David Varner, Fifth District s/Karen L. White, At-Large s/Kathleen Cekanski-Farrand, Council Attorney s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor 8 REGULAR MEETING DECEMBER 12, 2011 Councilmember Varner made a motion for a five (5) minutes recess. Councilmember Oliver Davis seconded the motion. President Dieter called the Council back to order. RESOLUTION NO. 4140-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SUPPORTING AN INITIATION FOR A STUDY TO DISCERN HOW ECONOMIC DEVELOPMENT OPPORTUNITIES CAN BE AUGMENTED IN THE MINORITY COMMUNITY WHEREAS, in 1993 the Community Research and Initiatives Division of United Way of St. Joseph County Inc., published a report entitled “Facing Tomorrow: Population, Economic and Social Trends in St. Joseph County. WHEREAS, the report highlighted the following facts:  Poverty is deepening in St. Joseph County  More “at risk” than ever before  Segregation by class, geography and race is growing  Traditional institutions, particularly religious, family and neighborhoods will continue to decline  The number of female-headed families and working poor households will continue to grow.  Manufacturing will continue to erode, while service and retail segments will grow, and WHEREAS, the 2010 United States Census Report reveals the projections of the1993 report were accurate and persist today, and WHEREAS, recent research conducted by Karl King and John Roos entitled “Benchmarking South Bend” indentifies economic developments needs in the region, and WHEREAS, research indicates the need for a strategic plan to address economic development challenges and opportunities in particular for minority populations. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council recognizes the particular economic development challenges facing the minority community in South Bend. Section II. The Common Council supports an initiative for a study to discern how economic opportunity can be augmented for the minority community. Section III. The Common Council recognizes such a study can create dialogue and provide a roadmap to creating economic opportunity which will strengthen the entire community. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 9 REGULAR MEETING DECEMBER 12, 2011 Councilmember Rouse made the presentation for this bill. He stated that the purpose of the resolution is to focus attention on the lack of small business economic development in the minority/women segment of South Bend’s population. He stated that it is his opinion that by far the largest source of untapped economic potential in South Bend is the 26,000 plus African Americans who make up 26.6% of the city’s population. He stated that the resolution’s intent is to initiate a study to highlight the need for a coordinated economic development plan for the minority community in South Bend. He stated that hopefully the study will provide a roadmap to enhanced economic opportunity for these communities in need. Councilmember Rouse stated that the result should bring a litany of tangible social and economic benefits to the entire region. 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 Rouse made a motion to adopt this resolution by acclamation. Councilmember Kirsits seconded the motion which carried RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:27 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember LaFountain seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Timothy Rouse, Chairperson, presiding. Councilmember Rouse explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Rouse stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 58-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits disclosed that his is a graduate of St. Joseph High School and that he had donated and left in an escrow account for the athletic fund. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember Dieter disclosed that he is a graduate of St. Joseph High School. He stated that after discussion with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon to discuss the pros and cons and voted to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow uses permitted under the SF2 Single Family and Two Family District classification. On site is the former Family Dollar store. To the north is the site of the new St. Joseph High School zoned SF2 Single 10 REGULAR MEETING DECEMBER 12, 2011 Family and Two Family District. To the east is the site of the new St. Joseph High School zoned SF2 Single Family and Two Family District. To the south across LaSalle Street is a property management office and a vacant gift shop both zoned MU Mixed Use District. To the west is the site of the new St. Joseph High School zoned SF2 Single Family and Two Family District. The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g. public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. No site plan is required for a rezoning to a residential district. The St. Joseph Regional Medical Center formally occupied the entire block bounded by LaSalle Avenue, Notre Dame Avenue, Cedar Street and St. Louis Street. It was rezoned to SF2 Single Family and Two Family District in May of 2011. LaSalle Avenue is a two lane street. A street and alley vacation has been submitted to the Board of Public Works for St. Peter Street and one north-south alley and one east-west alley adjacent to this site. The future land use plan within City Plan identifies this site as mixed use. The former Family Dollar store is currently vacant. The surrounding land is under construction for St. Joseph High School. The most desirable use of the property would be a use that would be compatible with the adjacent development. The surrounding property values should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a retail store. Furthermore, the redevelopment of this prior brownsfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. It is responsible growth and development to allow for the redevelopment of a vacant property. Based on information available prior to the pubic hearing the staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Ms. Nayder advised that the Area Plan Commission held a public hearing on October 18, 2011 and sends this bill to the Common Council with a favorable recommendation. The redevelopment of this site to a zoning classification that matches the balance of the block will provide an opportunity for a compatible development to the high school. Mr. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the City of South Bend Board of Public Works. Mr. Danch advised that his client is requesting the approval of a rezoning for the property located at 717 East LaSalle Street. He stated that this rezoning would allow for the construction of athletic fields proposed for the new St. Joseph High School campus facility. He stated that they believe the use of this property for athletic fields would be an acceptable use in this Northeast neighborhood area that presently contains a mixture of varying land use types from: single family homes to commercial facilities. 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 Henry Davis asked if the property was auctioned off. Mayor Luecke stated yes it was. The bidder was the Diocese of Ft. Wayne/South Bend. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 11 REGULAR MEETING DECEMBER 12, 2011 BILL NO. 63-11 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 NORTHSIDE BOULEVARD, 947 LOUISE STREET, AND A VACANT PARCEL LOCATED TO THE NORTH OF 1145 NORTHSIDE BOULEVARD AND TO THE WEST OF 947 LOUISE STREET, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon to discuss the pros and cons and voted to send it to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Nayder advised the petitioner is requesting a zone change from MU Mixed Use District and LI Light Industrial District to MU Mixed Use District and CB Community Business District to allow athletic fields and a reception hall. On site is a vacant industrial building and two lots, one used for recreational purposes. To the north is a vacant industrial building being considered for a fire station, zoned LI Light Industrial District. To the east is a promotional company zoned LI Light Industrial District, and the YMCA zoned MU Mixed Use. To the south is the St. Joseph River. To the west is a railroad (unzoned) and the South Bend Farmer’s Market zoned MU Mixed Use. The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Development within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. The total affected area is just over 4 acres. The area to be zoned to CB Community Business is 2.45 acres (Parcels A & C as shown on the site plant.) The area to be zoned MU Mixed Use District is 1.6 acres (Parcel B shown on the site plant.) Parcel A is open space. The only building on Parcel B is a 1,440 sq. ft. picnic shelter covering 2% of that site. Parcel C has a 7,900 sq. ft. building covering 15% of that site, and 29 parking spaces covering 52%. On November 2, 2011, a parking variance was approved by the Area Board of Zoning Appeals to allow for the reduced parking of the proposed use on Parcel C, by sharing 108 of the YMCA’s parking spaces. The building at 1145 Northside (Parcel C) has existed on this site since at least 1966. There was a building at 947 Louise (Parcel B) which was removed before 1986. Northside Blvd. is a two lane street. Louise Street is a two lane street. The Board of Zoning Appeals, at its November 2, 2011 meeting, gave a favorable recommendation for a Special Exception to allow the continued use of Parcel A as athletic fields. The Special Exception will be heard before the Common Council at the same meeting as the rezoning. The City Engineer would like to see the number of driveway opening reduced to two and a public sidewalk installed. The Future Land Use Map shows this area as Light Industrial and Mixed Use. With the exception of the YMCA, the remainder of this block is vacant or underutilized. The most desirable use would be to allow a development that would still protect the existing community assets. Due to the mixed use of this area, surrounding property values should not be negatively impacted. It is responsible development and growth to allow the reuse of an underutilized building that is compatible with surrounding uses. Based on information available prior to the public hearing the staff recommends that the petition be sent to the common Council with a favorable recommendation. The Area Plan Commission held a public hearing on 12 REGULAR MEETING DECEMBER 12, 2011 November 15, 2011 and sends this bill to the Common Council with a favorable recommendation. The rezoning and adaptive reuse of these parcels best captures and effort to develop an underutilized building while being compatible with surrounding uses. Corey Cressy, 3920 Edison Lakes Parkway, Suite 200, Mishawaka, Indiana, made the presentation for this bill. Mr. Cressy advised that he is seeking the rezoning of 1145 Northside and 947 Louise St. to allow for a reception hall and outdoor recreational uses. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee met on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Bulot advised that on December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further created the “consolidated Building Board.” In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of $38,560. Mr. Bulot stated that it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 13 REGULAR MEETING DECEMBER 12, 2011 BILL NO. 76-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $25,000 FROM THE RAINY DAY FUND NO. 102 TO THE UNEMPLOYMENT COMPENSATION INSURANCE FUND 713 WITHIN THE CITY OF SOUTH BEND Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that effective January 1, 2011, the City of South Bend, established the Unemployment Compensation Insurance Fund #713 (Ordinance No. 10059-10, adopted 12/13/2010) for the payment of unemployment insurance compensation claims in a single fund affecting an improved financial control over unemployment compensation claims required to be paid to former employees presented to the city by the Indiana Department of Workforce Development. Ordinance No. 10059-10 provided for the implementation of an “unemployment claim fee” to be charged to city operating departments to provide funding from departmental operations to the Unemployment Compensation Insurance Fund to affect payment of unemployment insurance claims. Due to a higher level of unemployment compensation insurance claims paid to former city employees than originally anticipated and projected, entirely the result of federal legislation extending the length in the months of benefit coverage, the Unemployment Compensation Insurance Fund is currently in a deficit balance. It is therefore necessary to temporarily transfer monies in the amount of $25,000 from the Rainy Day Fund No. 102 to the Unemployment Compensation Insurance Fund 713 to correct the deficit thereby meeting 2011 operational costs. The Rainy Day Fund has sufficient monies (in excess of $8.4 million) to accommodate this temporary cash transfer. Mr. Zientara stated that the Unemployment compensation Insurance Fund will reimburse the Rainy Day Fund prior to June 30, 2012. He noted that the Office of the City Controller will continue to review the activity in this fund and the activity of unemployment claims in fiscal 2012 and determine and effect any required adjustments in “unemployment claim fees” charged to City operating Departments and funds. Mr. Zientara further noted that the Office of the City Controller, through the Human Resource Department, will discuss and investigate wit the Indiana Department of Workforce Development, potential strategy and approach to affect an improved control, if possible, of unemployment insurance claims. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 14 REGULAR MEETING DECEMBER 12, 2011 Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this substitute bill and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that additional budget transfer must be enacted to affect the increase and reduction of appropriations within various department so the General Fund and other funds of the City of South Bend during 2011. Mr. Zientara noted that the increases and reductions included herewith are expenditure neutral for the 2011 budget, with increases and reductions netting to a zero dollar appropriation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this substitute bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2011 OF $222,428 FROM GENERAL FUND (#101), $1,363 FROM EXCESS LEVY FUND (#103), $3,001 FROM STUDEBAKER/OLIVER GRANT FUND (#209), $5,392 FROM COMMUNITY AND ECONOMIC DEVELOPMENT FUND (#212), $34,699 FROM LOSS RECOVERY FUND (#227), $164 FROM GENERAL GRANT FUND (#250), $1,463,859 FROM EXCESS WELFARE FUND (#252), $4,600 FROM HUMAN RIGHTS GRANT FUND (#258), $30,000 FROM POLICE GRANTS FUND (#280), $15,000 FROM INDIANA RIVER RESCUE FUND (#291), $472,140 FROM UDAG FUND (#410), $5,269 FROM COVELESKI BOND CONSTRUCTION FUND (#438), AND $410,000 FROM HALL OF FAME CAPITAL FUND (#677) Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that the Common Council passed the Civil City 2011 operating budget in 2010 (Ordinance No 10045-10, adopted on October 25, 2010) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable 15 REGULAR MEETING DECEMBER 12, 2011 recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $54,000 FROM SOLID WASTE FUND (#610), ($54,000) FROM SOLID WASTE CAPITAL FUND (#611), $15,900 FROM PARKING GARAGE FUND (#601), $110 FROM 2006 SEWER BOND FUND (#645), $200,000 FROM SEWAGE WORKS SINKING FUND (#649) AND $239,100 FROM 2010 SEWER BOND FUND (#658) Councilmember LaFountain, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Gregg Zientara, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Zientara advised that the Council passed the Enterprise Fund 2022 operating budget in 2010 (Ordinance No. 10046-10, passed on October 25, 2010) which included expenditures for various City Enterprise operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. Mr. Zientara further noted that new monies expended are available within existing cash balances of specified funds within City operations and do not represent a drain on current financial operations of the City. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75-11 PUBLIC HEARING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 AND ORDINANCE NO. 9968-09 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) (THE “BONDS”), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A SECOND AMENDED AND RESTATED TRUST INDENTURE, A SECOND AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL THEIR THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 16 REGULAR MEETING DECEMBER 12, 2011 Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. st Mr. Alan B. Feldbaum, Attorney, Barnes & Thornburg, LLP, 600 1 Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Feldbaum advised that they are serving as bond counsel with respect to the modification of certain of the terms of Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PEI/Genesis Project) He stated that the purpose of the Supplemental Bond Ordinance is to authorize the execution of the Bond Documents for the purpose of making certain changes in the terms and provisions which care contained in the original Bond documents, including, among other matters, authorizing an additional interest rate mode for the Bonds. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDMENT TO ARTICLE III OF THE LEASE AND MANAGEMENT AGREEMENT BETWEEN STUDEBAKER NATIONAL MUSEUM, INC., AND THE CITY OF SOUTH BEND Councilmember Puzzello, Chairperson, PARC Committee, reported that this committee met this afternoon on this bill and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that the City of South Bend entered into a Lease and Management Agreement with the Studebaker National Museum, Inc. (“SNM”) on August 12, 2005. This agreement set the conditions for the museum lease of the city owned building and established the relationship whereby the SNM would operate the museum under contractual agreement with the city. The original agreement expired on December 31, 2010. The parties SNM and City have continued their contractual Management Agreement on a month to month basis, and both parties desire to amend and renew the st Management Contract for another five (5) year terms. He stated that the terms of the 1 Amendment to the Lease and Management Agreement include: renewal of the agreement for a five (5) year term expiring December 31, 2015, with three (3) automatic options for five (5) year extension; set minimum annual management fee at $225,000 and the inclusion of standard e-verify and MBE contractual language. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 17 REGULAR MEETING DECEMBER 12, 2011 RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Timothy Rouse, 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 8:57 p.m. Council President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10135-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 717 EAST LASALLE STREET, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10136-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1145 NORTHSIDE BOULEVARD, 947 LOUISE STREET, AND A VACANT PARCEL LOCATED TO THE NORTH OF 1145 NORTHSIDE BOULEVARD AND TO THE WEST OF 947 LOUISE STREET, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10137-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion 18 REGULAR MEETING DECEMBER 12, 2011 which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10138-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $25,000 FROM THE RAINY DAY FUND NO. 102 TO THE UNEMPLOYMENT COMPENSATION INSURANCE FUND 713 WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10139-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 This bill had third reading. Councilmember Puzzello made a motion to amend this bill as in the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10140-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2011 OF $222,428 FROM GENERAL FUND (#101), $1,363 FROM EXCESS LEVY FUND (#103), $3,001 FROM STUDEBAKER/OLIVER GRANT FUND (#209), $5,392 FROM COMMUNITY AND ECONOMIC DEVELOPMENT FUND (#212), $34,699 FROM LOSS RECOVERY FUND (#227), $164 FROM GENERAL GRANT FUND (#250), $1,463,859 FROM EXCESS WELFARE FUND (#252), $4,600 FROM HUMAN RIGHTS GRANT FUND (#258), $30,000 FROM POLICE GRANTS FUND (#280), $15,000 FROM INDIANA RIVER RESCUE FUND (#291), $472,140 FROM UDAG FUND (#410), $5,269 FROM COVELESKI BOND CONSTRUCTION FUND (#438), AND $410,000 FROM HALL OF FAME CAPITAL FUND (#677) This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 19 REGULAR MEETING DECEMBER 12, 2011 ORDINANCE NO. 10141-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $54,000 FROM SOLID WASTE FUND (#610), ($54,000) FROM SOLID WASTE CAPITAL FUND (#611), $15,900 FROM PARKING GARAGE FUND (#601), $110 FROM 2006 SEWER BOND FUND (#645), $200,000 FROM SEWAGE WORKS SINKING FUND (#649) AND $239,100 FROM 2010 SEWER BOND FUND (#658) This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10142-11 AN ORDINANCE SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 AND ORDINANCE NO. 9968-09 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) (THE “BONDS”), APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A SECOND AMENDED AND RESTATED TRUST INDENTURE, A SECOND AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 10143-11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDMENT TO ARTICLE III OF THE LEASE AND MANAGEMENT AGREEMENT BETWEEN STUDEBAKER NATIONAL MUSEUM, INC., AND THE CITY OF SOUTH BEND This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 20 REGULAR MEETING DECEMBER 12, 2011 RESOLUTIONS RESOLUTION NO. 4141-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED TO THE NORTH OF 1145 NORTHSIDE BLVD. AND TO THE WEST OF 947 LOUISE STREET WITH A PARCEL ID OF 018-6014-031802 WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: Parcel ID 018-6014-031802 In order to permit: The Special use of Outdoor Recreational Uses within the Community Business zoning to allow the YMCA to use all or a portion of the parcel for playing fields for such activities as soccer and baseball. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 21 REGULAR MEETING DECEMBER 12, 2011 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon to discuss the pros and cons and voted to send it to the full Council with a favorable recommendation. Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Lyons advised that the petitioner is seeking a Special Exception to allow for Outdoor Recreational Uses, on property located on vacant land northwest of 1145 Northside Blvd. Mr. Lyons stated the Area Board of Zoning Appeals held a public hearing on November 2, 2011 at sends this bill to the Common Council with a favorable recommendation. Mr. Corey Cressy, 3920 Edison Lakes Parkway, Suite 200, Mishawaka, Indiana, made the presentation for this bill. Mr. Cressy advised that he is seeking a Special Exception to allow for Outdoor Recreational Use in a “CB” District. He stated that the land is identified by property Tax Identification Number 018-6014-031802. He stated that the Special Exception will allow outdoor recreational uses within the Community Business zoning so that the YMCA can continue to use all or a portion of this ground for playing fields or for outdoor receptions. Mr. Cressy noted that this bill is a companion to Bill 63-11 heard early this evening, which rezoned this parcel to Community Business to keep it consistent with 1145 Northside Blvd. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 11-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE APPROPRIATION OF $179,100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND, INDIANA This bill was stricken from the agenda under Special Business. 22 REGULAR MEETING DECEMBER 12, 2011 RESOLUTION NO. 4142-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE ST. JOSEPH COUNTY AIRPORT AUTHORITY WHEREAS, the Fire Department of the City of South Bend wishes to establish a permanent training facility for the training of the firemen of the South Bend Fire Department and other fire departments; and WHEREAS, the St. Joseph County Regional Airport Authority (Airport Authority) is a public corporate body created by the laws of the State of Indiana; and WHEREAS, the Airport Authority is willing to lease a portion of its land to the City of South Bend for use as a fire training facility for One Dollar ($1.00) per year and to give a right of first refusal for other lands it owns for the same use; and WHEREAS, I.C. 36-1-7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other, powers that may be exercised by such units severally; and WHEREAS, the Executives of the City of South Bend and the Airport Authority have reached an Interlocal Agreement concerning the lease of this land for the fire training facility. NOW, THEREFORE, AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER I.C. 36-1-7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The Common Council of the City of South Bend, Indiana, has considered and hereby approves and ratifies the attached Interlocal Agreement between the City of South Bend and the St. Joseph County Airport Authority. 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/Derek D. Dieter Member of the Common Council Councilmember Kirsits disclosed that he is member of the South Bend Fire Department. He stated that after discussions with Council Attorney Kathleen Cekanski-Farrand it was determined that no conflict exists. Councilmember White made a motion to hear the substitute version of this bill. Councilmember Oliver Davis 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 met this afternoon to discuss this substitute bill and voted to send it to the full Council with a favorable recommendation. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that the City of South Bend and the St. Joseph County Airport Authority have agreed on a twenty (20) year lease of airport lands for the City to establish a fire training center. Councilmember Rouse asked how the process was conducted to find a suitable location. 23 REGULAR MEETING DECEMBER 12, 2011 Mayor Luecke advised that because of the nature of the training, it was determined and recommended that the burn tower be removed from any residential areas. 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 White made a motion to adopt this Substitute Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS – FIRST READING BILL NO.81-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING UP TO FIVE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($5,700,000.00) FOR A GARAGE INTEREST IN THE CHASE TOWER BUILDING TO ASSIST REHABILITATION This bill had first reading. 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 December 19, 2011. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82-11 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, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, ALIBABA CAFÉ INC, 17917 SR 23, SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $130,000 IN CITY GENERAL FUND #101 CODE ENFORCEMENT DEPARTMENT FOR ILLEGAL DUMPING CLEANUP ACTIVITIES TO BE PERFORMED BY SOLID WASTE DEPARTMENT AND REIMBURSED FORM GENERAL FUND #101 TO SOLID WASTE OPERATING FUND #610 IN 2012 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 9, 2012. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 24 REGULAR MEETING DECEMBER 12, 2011 BILL NO. 84-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE THE CITY OF SOUTH BEND CERTIFIED TECHNOLOGY PARK FUND (#439) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 9, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85-11 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SEVERAL ALLEYS, PORTIONS OF ALLEYS AND PORTIONS OF DUEY STREET, BURNS STREET, GEORGIANA STREET AND ST. VINCENT STREET This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on January 9, 2012. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM OCCUPY SOUTH BEND MEMBERS thth Corissa Taylor, 910 E. 4 Street, Mishawaka, Indiana; Melissa Stokely, 910 E. 4 Street, Mishawaka, Indiana; Jeff Swartz, 611 ½ Dayton, South Bend, Indiana; John Goodson, 500 Lincolnway West, Mishawaka, Indiana, extended their sincere thanks to the City of South Bend for allowing their extended presence for Occupy South Bend at the Morris. She stated that she understands that many don’t understand or agree with their message, st but they again thanked the City for respecting their 1 amendment rights. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 9:17 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 25