HomeMy WebLinkAbout12-13-04 Council Meeting Minutes REGULAR MEETING DECEMBER 13,2004
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 13, 2004, at
7:00 p.m. The meeting was called to order by President Karen L. White and the
Invocation and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek Dieter 1st District
Charlotte Pfeifer 2nd District
Roland Kelly 3rd District Vice-President
Ann Puzzello 4th District
David Varner 5th District
Ervin Kuspa 6th District
Sean Coleman At-Large Chairperson, Committee of the Whole •
Al `Buddy" Kirsits At-Large
Karen L. White At-Large President
OTHERS PRESENT:
Aladean DeRose Chief Assistant City Attorney
Mary Beth Wisniewski Chief Deputy City Clerk
Janice I. Talboom Deputy City Clerk
Absent:
Kathleen Cekanski-Farrand, Council Attorney
John Voorde 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 November 22, 2004 meetings of the Council and found them to be correct.
Therefore, we recommend the same be approved.
Members of the Sub-Committee on Minutes
s/Karen L. White
s/David Varner
Councilmember Coleman made a motion that the minutes of the November 22, 2004,
meeting of the Council be accepted and placed on file. Councilmember Kelly seconded
the motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
RESOLUTION NO. 3403-04 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
PUBLICLY SUPPORTING THE FUNDING FOR
THE RENOVATION OF THE ASSOCIATES
FOR INDIANA UNIVERSITY SOUTH BEND
Whereas, the Common Council of the City of South Bend, Indiana, recognizes
that Indiana University South Bend is the only public, comprehensive, master's and
bachelor's degree granting institution of high education in northern Indiana; and
Whereas, the Common Council notes that IU South Bend currently has enrolled
7,501 students and is continuing to experience enrollment growth which is projected to
continue; and
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REGULAR MEETING DECEMBER 13, 2004
Whereas, an expansion program at IU South Bend began ten years ago and is in
need of state funding to complete the renovation of the Associates Building into the
Indiana University South Bend Education and Arts Building so that it will continue to
addressed challenges of the 21st century; and
Whereas, the Common Council acknowledges that a $27.8 million renovation
request is being made in the 2005-2007 biennium of the Indiana General Assembly and
the Governor of Indiana, with this request being the only one for a single regional IU
campus.
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 supports the funding request of IU South Bend for the
renovation of the Associates Building; specifically noting that IU South Bend is the 9th
largest employer in St. Joseph County and contributes over $60 million annually to our
community's economy.
Section II. The South Bend Common Council notes that the proposed renovation
would be a more cost effective than building a new building, and would then be the home
to three (3) schools at IU South Bend, namely the School of Education, Fine Arts from
the Ernestine M. Raclin School of Arts, and the dental programs from the School of
Nursing and Health Professions.
Section III. The Council believes that if the funding request is approved, that
approximately 2,000 students would be able to use the renovated facility which would
house high-tech classrooms, computer labs, conference rooms, a 130-seat lecture hall,
rehearsal rooms, photography lab, painting and drawing studios, video labs, dental
hygiene clinics, patient consultation areas, and related offices.
Section IV . 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, 1st District s/Ervin Kuspa, 6th District
s/Charlotte D. Pfeifer, 2nd District s/Sean Coleman, At Large
s/Roland Kelly, 3rd District s/Al"Buddy"Kirsits, At Large
s/Ann Puzzello, 4th District s/Karen L. White, At Large
s/Dr. David Varner, 5th District s/Kathleen Cekanski-Farrand
Council Attorney
Attest:
s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor
Councilmember Charlotte Pfeifer, 1013 W. Washington, South Bend, Indiana,made the
presentation for this Resolution by first offering his comments and then reading the
Resolution in its entirety and presenting it to Dr. Eileen Shephard, Indiana University at
South Bend who will present it to Chancellor,Una Mae Reck.
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 Coleman made a motion to adopt this Resolution. Councilmember Kelly
seconded the motion which carried.
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REGULAR MEETING DECEMBER 13, 2004
RESOLUTION NO. 3404-04 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTED A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN
TOWNSHIP, GREGORY A. KIZER
ANNEXATION AREA
WHEREAS, there is pending before the Common Council of the City of South
Bend, Indiana, an Ordinance which proposes the annexation of real estate located in
German Township, St. Joseph County, Indiana, which is described more particularly in
Section I of this Resolution, and;
WHEREAS, the territory proposed to be annexed encompasses approximately 20
acres of wooded, vacant land, which property is at least 12.5% contiguous to the current
City limits, i.e., approximately 41% contiguous, generally located on the south side of
Brick Road, approximately 2,150 feet east of Portage Avenue. This annexation territory
is intended for development as a single family home subdivision, and will require a basic
level of municipal public services of a non-capital improvement nature, including police
and fire protection, street and road maintenance, street sweeping, flushing, snow
removal, and sewage collection, as well as services of a capital improvement nature,
including street and road construction, street lighting, a sanitary sewer system, a water
distribution system and a storm water system; and
WHEREAS, the Common Council of the City of South Bend, Indiana, now
desires to establish and adopt a fiscal plan and establish a definite policy showing: (1)the
cost estimates of services of a non-capital nature, including street and road maintenance,
sewage collection, street sweeping, flushing, and snow removal, police and fire
protection, and other non-capital services normally provided within the corporate
boundaries, and services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and
a storm water system to be furnished to the territory to be annexed; (2) the method(s) of
financing those services; (3) the plan for the organization and extension of those services;
(4) that services of a non-capital nature will be provided to the annexed area within one
(1) year after the effective date of the annexation, and that they will be provided in a
manner in standard and scope to similar non-capital services provided to areas within the
corporate boundaries of the City of South Bend,regardless of similar topography,
patterns of land use, or population density; (5) that the services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date
of the annexation in the same manner as the services are provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state
and local laws; and (6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, and the Board
of Public Safety of the City of South Bend, have each approved a written fiscal plan and
established a policy for the provision of services to the territory proposed to be annexed,
which plan and policy the Common Council finds to be appropriate and in the best
interest of the City, and, which it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed
to be annexed that the real property located in German Township, St. Joseph County,
Indiana, described more particularly as follows, be annexed to the City of South Bend:
A tract of land beginning at the northeast corner of the Northwest Quarter
of Section 22,Township 38 North, Range 2 East, thence south along the
east line of said Northwest Quarter, a distance of 1989.24 feet to the
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REGULAR MEETING DECEMBER 13, 2004
northeast corner of a tract land conveyed to Frank J. Prusinski by deed
record as instrument number 8505339 in the Office of the Recorder of St.
Joseph County, Indiana; thence west along the north line of said Prusinski
tract of land, a distance of 440.00 feet to the southeast corner of a tract of
land conveyed to Bruce R. and Dorothy J. Michalos by deed record as
instrument number 8108480 in said Recorder's Office; thence north along
the east line of said Michalos tract of land and it's projection to the north
right-of-way line of Brick Road, a distance of 2009.24 feet; thence east
and parallel to the north line of said Northwest Quarter, a distance of
440.00 feet to the point of intersection with the east line of said Northwest
Quarter; thence south along said east line, a distance of 20 feet to the point
of beginning. Subject to restrictions and taxes of record and rights of way
for legal highways, drainage tiles, ditches, feeders and laterals.
Section II. It shall be and hereby is now declared and established that it is the
policy of the City of South Bend, to furnish services to said territory of a non-capital
nature, such as police and fire protection, street and road maintenance, sewage collection,
street sweeping, flushing, and snow removal, within one (1) year of the effective date of
the annexation, in a manner equivalent in standard and scope to the services furnished by
the City to other areas of the City regardless of similar topography,patterns of land use,
or population density; and to furnish to said territory services of a capital improvement
nature, such as street and road construction,street lighting, a sanitary sewer extension, a
water distribution system, and a storm water system, within three (3) years of the
effective date of the annexation in the same manner as those services are provided to
areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with
federal, state and local laws,procedures, and planning criteria.
Section III. The Common Council for the City of South Bend shall and does
hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached
hereto and made a part hereof, for the furnishing of said services to the territory to be
annexed, which Fiscal Plan provides among other things, that virtually all capital
improvements required to service the annexation area will be planned, provided, and paid
for by the developer subject to compliance with state and local law.
Section IV. This Resolution shall be in full force and effect from and of its date
of adoption by the Common Council and approval by the Mayor.
s/Karen L. White
Member of the Common Council
Councilmember Kuspa, Chairperson, Zoning& Annexation Committee reported that this
committee held a Public Hearing on this bill this afternoon and sends it to the full Council
with a favorable recommendation.
Mr. George Adler, Division of Community Development, 224 W. Jefferson Blvd., Suite
100, South Bend, Indiana made the presentation for this bill.
Mr. Adler advised that this bill is a companion to Bill No. 81-04. This bill proposes to
annex contiguous territory in German Township to the City of South Bend. The written
plan and policy concerns the provision of services,both capital and non-capital in nature,
to the territory to be annexed. This is a voluntary petition of a 20 acre parcel on the south
side of Brick Road, west of Portage Avenue. Mr. Adler further advised that all public
improvements will be required to be done at the expense of the developer.
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 the Resolution. Councilmember Coleman made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried.
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REGULAR MEETING DECEMBER 13, 2004
ANNOUNCEMENT OF REAPPOINTMENT TO THE REDEVELOPMENT
COMMISSION
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, announced the reappointment of Mr. Robert Hunt and Ms. Marcia Jones to
the Redevelopment Commission.
COUNCIL DISTRICT UPDATE—COUNCILMEMBER AT LARGE, AL"BUDDY"
KIRSITS
Councilmember Kirsits wished every a good evening and holiday greetings to all citizens
in the City of South Bend. He stated that he report would be brief and will focus on the
Utilities Committee which he is the Chairperson. The six-district Councilmembers and
one At-Large Member have already talked of the wonderful things going on all over the
City. Like a kid at Christmas time, can't just choose one, so chose them all. The shining
star burning so bright at night is this city's public utilities the sewage treatment and water
works plant. Urban areas that have these strong facilities are destined for growth and
survival. Urban and suburban areas that do not have them or have substandard facilities
are probably doomed for failure or economic stagnation. We are fortunate to have such
fine facilities. However, it does not take three wise men to know that this does not come
with out a high price. In August, of this year we passed an$11.5 million dollar revenue
bond for additions, extensions, and environmental infrastructure improvements. It called
for a 24% across the board hike and a 5% hike in 2005. Decisions made years ago have
come back to haunt us in the high cost of separating out our combined storm and water
sewers as mandated by the federal government. This CSO separation comes with a price
tag that may exceed$120 million! Beginning this work in the Northeast area of the city
will be extremely beneficial to alleviate basement flooding. Sewer rates may well exceed
what we pay for metered water. We've also passed ordinances regulating hauled septic
waste and storm water discharge at construction sites. Our Water Works continues to
provide us with fresh water, but it also comes at cost. Wellhead protection and cleanup
costs of contaminated sites that threaten our drinking water usually fall to the city with
some help from state and federal agencies and occasionally the polluter. In September,
we passed an ordinance that addressed a Debt Reserve Account insurance policy that for
the water works sinking fund and it is a debt service requirements. Tonight we will be
addressing the Water leak insurance fund and in the near future establish a new schedule
of rates and charges for services rendered. Not a pleasant task, but sometimes necessary
to ensure safe drinking water. As we move forward into the year 2005, I would like to
challenge the Council, City and its Citizens to continue being a model city by
encouraging freethinking and discussion in the following, albeit in a 12 day of Christmas
fashion. So,
On the 1st Day of Christmas, the City, Council and sewer/storm water steering
committee continue to make progress on equitable sewage rates for all parties, but
especially focusing that City residents don't carry all the burden. Those living outside
city limits but using our sewer may have to pay a high rate as many other municipalities
are doing. •
•
On the 2nd Day of Christmas, continued meetings with IDEM and the EPA
concerning CSO Mandates to determine the most practical and beneficial programs that
are cost effective an efficient to our citizens and customers. Being second, not first in this
area may prove to be cost effective, if national policy changes. An easing of federal
water quality standards to realistic levels and a nice fact check from Washington,DC to
pay for separating CSO's would be nice.
On the 3`d Day of Christmas, continued protection of our wellhead facilities to
ensure safe drinking water and future growth of gallons produced.
On the 4th Day of Christmas, we continue to work with economic development
department to ensure orderly growth as we extend and stretch these sewer and water
facilities to the edges of the city. Developers anxiously now need our utilities, as the
days of septic and private wells are becoming restricted.
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REGULAR MEETING DECEMBER 13,2004
On the 5th Day of Christmas, that we engage St. Joseph County in conversation
along with the City of Mishawaka as they attempt to create sewer districts in
unincorporated areas of the County plagued with septic problems. Both Cities have much
to offer the county; we should all sit down and talk about it.
On the 6th Day of Christmas, that we continue to meet with City, Council and
State Officials to try and help ease the property tax burden that has hit out city so hard.
We must also exercise due diligence with our own city budget to make South Bend an
affordable place to live.
On the 7th Day of Christmas, that we sit down with developers,builders,
economic development and the Council to discuss infill housing. It's a wonderful thing,
it can be a money make for private builders and it helps the tax base. However, we
should make sure it fits the neighborhood. Building for the future is wonderful, planned
obsolescence is not.
On the 8th Day of Christmas, that we meet with parks, economic development and
developers that want to build large-scale residential development to set goals or standards
to provide green space or small playgrounds. One of the great things about our old city is
the fore site to incorporate neighborhood parks. We should envision that for the "new"
city also.
On the 9th Day of Christmas, we should look at offering tax incentives to those
that want to take rental properties in the city and convert them back to private owner
occupied residences. Many, but all, rental properties have a detrimental effect on
neighborhoods. At one time tax abatement for infill housing was considered radical,but
now is a successful tool. Let's skip the demolition and see it we can fix it now by
providing more home ownership options.
On the 10th Day of Christmas, a wish to my comrade and sitting neighbor Council
At Large Sean Coleman good luck in his new job in the County Treasureis Office.
Nevertheless, he won't need it, because he is good at everything he does. In addition,
hope whoever replaces him will bring the same energy,passion and commitment to South
Bend that he has for the past sixteen years.
On the 11th Day of Christmas, A thank you to the Council for the spirited
discussions and votes we have had the last several months. Continued 9 to 0 votes may
mean were bored or maybe not dealing with important issues. 7-2, 6-3 and 5-4 votes are
sometimes good for an elected body, it means many different views are being heard
which is why we are elected. As my brother-in-law once said after a Thanksgiving
family "blow" up a little bad blood is good for the family now and then. It makes up
appreciate our differences and love each other more. Regardless of where the vote falls, I
know we all care about our city.
On the 12th Day of Christmas, that we all continue to work hard, enjoy our
differences so the vision of City Plan can make the City of South Bend a model city.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:18 p.m., Councilmember Coleman made a motion to resolve into the Committee of
the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote
of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole,
presiding.
Councilmember Coleman noted that this is the portion of the meeting in which members
of the council meet as the Committee of the Whole in order to hear presentations and
public comment on bills that are presented for ordinance consideration. Each bill that
will be heard tonight will have a Public Hearing and after the hearing on each bill, the
committee will vote on the disposition of the bill, which typically is sent to the full
Council with either a favorable or an unfavorable recommendation. He noted that the
South Bend Municipal code requires that the Chairperson describe the procedure for the
hearings. The Committee operates in accord with the Council Rules and Procedures and
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REGULAR MEETING DECEMBER 13,2004
Roberts Rules of Order and Chief Assistant City Attorney, Aladean DeRose who will
serve as the Parliamentarian tonight. The procedure for the Public Hearing for each bill
is conducted as follows:
1. The title of the bill is read by the City Clerk.
2. Reports are presented from the pertinent Common Council Committee and/or the
Area Plan Commission.
3. A formal presentation in favor of the bill, which is not subject to a time limit, is
heard.
4. Comments are heard from members of the public who wish to speak in favor of
the bill. Each such member is limited to five (5) minutes for his/her presentation
and must begin by stating his/her name and residential address.
5. Any formal presentation against the bill or Resolution which is not subject to a
time limitation is heard.
6. Comments are heard from any members of the public wishing to speak against the
bill. Each member of the public speaking against the bill is limited to five (5)
minutes for his/her presentation and must also begin by stating his/her name and
residential address. With respect to those individuals speaking against, the total
time for comments by members of the public speaking against the bill is the
amount of time that was used by those speaking in favor of the bill or thirty (30)
minutes whichever is greater.
7. A five (5) minute rebuttal period is allowed for the persons who gave the formal
presentation in favor of the bill after which the public portion of the hearing is
closed.
8. Finally, the Council portion of the hearing takes place in which members will
discuss the bill and vote on its disposition.
PUBLIC HEARINGS
BILL NO. 81-04 PUBLIC HEARING 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 CERTAIN LAND IN
GERMAN TOWNSHIP CONTIGUOUS
THEREWITH; GREGORY A. KIZER, 20+/-
VACANT ACRES LYING WEST AND
ADJACENT TO CROSS CREEK SUBDIVISION,
FRONTAGE ALONG BRICK ROAD
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.
Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend,
Indiana, made the presentation for this bill.
Mr. Feeney advised that this piece of property is approximately 20+/- acres lying west
and adjacent to the Cross Creek Subdivision with frontage along Brick Road. The
proposal is to allow for the development of a single-family subdivision with 46 lots. The
parcel is currently vacant.
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REGULAR MEETING DECEMBER 13, 2004
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 66-04 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE NORTH CORNER OF
BEYER STREET AND NORTHSIDE
BOULEVARD, COUNCILMANIC DISTRICT#3
IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Kuspa, Chairman,Zoning &Annexation Committee,reported that this
committee held a Public Hearing on this bill this afternoon and sends it to the full Council
with a favorable recommendation.
Mr. Andy Videkovich, Planner, Area Plan Commission,presented the report from the
Commission.
Mr. Videkovich advised that the Petitioner is requesting a zone change from unzoned to
"MU" Mixed Use to allow continued use by the South Bend Parks Department. On site
is a community center operated by the Parks Department. To the north is right-of-way
for the Cooper Memorial Bridge/Mishawaka Avenue interchange. To the east are
commercial uses zoned"MU" Mixed Use, "GB" General Business, and"LB"Local
Business. To the south is the St. Joseph River and a farmer's market zoned"MU"Mixed
Use. To the west is the St. Joseph River. 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 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. This property was zoned residential in the old city ordinance. When
the new zoning ordinance and maps were adopted, this property was not given a zoning
classification. The purpose of this petition is to correct the oversight. Northside
Boulevard is an arterial street that serves commuters between East Race/Downtown and
the neighborhoods along the river. This site is close to Mishawaka Avenue, which is a
major commercial corridor for South Bend. There is a walking/bike path along the river
that provides pedestrian access to and from the East Race/Downtown areas to the
Neighborhoods. The site is serviced by South Bend water and sewer. This property is
both appropriate for the current use and compatible with adjacent zonings and does not
conflict with the Comprehensive Plan. The most desirable use for this property is for
continued use by the parks department or for uses permitted in the"MU" Mixed Use
district. Giving this property a zoning classification will not have a negative impact on
the surrounding property values. Based on information available prior to the public
hearing the staff recommends this petition be sent to the Common Council with a
favorable recommendation. Due to the error of not zoning this property when the new
zoning maps were adopted, it is appropriate to zone this site to best fit the current use and
neighborhood.
This being the time heretofore set for the Public Hearing on the above bill,proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Kelly made a motion for favorable
recommendation to full Council concerning this bill. Councilmember White seconded
the motion which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING DECEMBER 13,2004
BILL NO. 47-04 PUBLIC HEARING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN THE 2600 BLOCK OF PRAIRIE
AVE., COUNCILMANIC DISTRICT NO. 6, IN
THE CITY OF SOUTH BEND, INDIANA
Councilmember Pfeifer made a motion to consider the second substitute version of this
bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine
(9) ayes. Additionally, Councilmember Pfeifer made a motion to continue this bill until
the January 10, 2004 meeting of the Council. Councilmember White seconded the
motion which carried by a voice vote of nine (9) ayes.
BILL NO. 84-04 PUBLIC HEARING ON A BILL TO EXTEND
DEADLINE FOR WATER LEAK INSURANCE
FUND (#644)REPAYMENT OF LOAN
RECEIVED FROM WATER WORKS GENERAL
FUND
Councilmember Kirsits, Chairperson, Utilities Committee, reported that this committee
held a Public Hearing on this bill this afternoon and sends it to the full Council with a
favorable recommendation.
Mr. John Stancati, Director, Water Works, 209 N. Main Street, South Bend, Indiana,
made the presentation for this bill.
Mr. Stancati advised that due to the inability of the Leak Insurance Fund to pay back the
$260,000 to the Water Works General Fund by December 31, 2004, he is requesting to
extend the pay back until December 31, 2005. Due to the age and deterioration of the
City's water pipe system, the City experienced an unexpected need for repair and
replacement of City water lines in recent years. This unexpected cost exceeded funds set
aside and dedicated to such repair were held in Water Leak Insurance (#644.) The water
user fee of$1.50 per month per user is the sole source of revenue for Fund#644 and was
inadequate to cover the actual cost of water line repair/replacement in 2002-2003. The
Water Leak Insurance Fund(#644) is capable of covering the costs of water pipe
repair/replacement for 2004, but has no year-end surplus and thus will need to extend the
pay back.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Kelly seconded the
motion which carried by a voice vote of nine (9) ayes.
BILL NO. 85-04 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING$40,100 OF
INDIANA DEVELOPMENT FINANCE
AUTHORITY GRANT FUNDS WITHIN FUND
210 FOR THE PURPOSE OF ENVIRONMENTAL
INVESTIGATION OF PROPERTY LOCATED
AT 700 SOUTH FRANKLIN STREET IN SOUTH
BEND, INDIANA
Councilmember Varner made a motion to hear the substitute version of this bill.
Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9)
ayes. Additionally, Councilmember Pfeifer made a motion to continue this bill until the
9
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REGULAR MEETING DECEMBER 13, 2004
January 10, 2005 meeting of the Council. Councilmember Dieter seconded the motion
which carried by a voice vote of nine (9) ayes.
BILL NO. 86-04 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND TRANSFERRING MONIES FROM
VARIOUS ACCOUNTS TO VARIOUS
ACCOUNTS WITHIN DEPARTMENTS WITHIN
THE VARIOUS FUNDS OF THE CITY OF
SOUTH BEND, INDIANA,FOR THE YEAR 2004
Councilmember Puzzello made a motion to hear the substitute version of this bill.
Councilmember Kelly seconded the motion which carried by a voice vote of nine (9)
ayes.
Mr. Rick 011ett, City Controller, 14th Floor, County-City Building, South Bend, Indiana,
made the presentation for this bill.
Mr. 011ett advised that this transfer ordinance addresses the necessary funds to cover any
deficits in any of the major categories within the City's funds. All deficits will be
covered by transferring balances from one category to another.
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 as substituted. Councilmember
Varner seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 87-04 PUBLIC HEARING ON BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND INCREASING APPROPRIATIONS AND
DECREASING APPROPRIATIONS WITHIN
THE VARIOUS DEPARTMENTS WITHIN THE
VARIOUS FUNDS OF THE CITY OF SOUTH
BEND, INDIANA, FOR THE YEAR 2004
Councilmember Dieter, Chairperson,Personnel &Finance Committee, reported that this
committee met on this bill this afternoon and voted to send it to the full Council with a
favorable recommendation.
Mr. Rick 011ett, City Controller, 14th Floor, County-City Building, South Bend, Indiana,
made the presentation for this bill.
Mr. 011ett advised that in this appropriation ordinance, deficit categories are either being
balanced by increasing and decreasing the appropriation within the fund or if that is not
possible, the fund must use its cash balance to cover the deficit.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Dieter made a motion for favorable
recommendation to full Council. Councilmember Varner seconded the motion which
carried by a voice vote of nine (9) ayes.
10
REGULAR MEETING DECEMBER 13,2004
RISE AND REPORT
Councilmember Kuspa made a motion to rise and report to the full Council.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
ATTEST: ATTEST:
114
.i 'oorde, City Clerk Sean Coleman, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:40 p.m. President
Karen White presided with nine (9) members present.
BILLS, THIRD READING
ORDINANCE NO. 9554-04 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT
THE NORTH CORNER OF BEYER STREET
AND NORTHSIDE BOULEVARD,
COUNCILMANIC DISTRICT#3 IN THE CITY
OF SOUTH BEND, INDIANA
This bill had third reading. Councilmember Puzzello made a motion to pass this bill.
Councilmember Coleman seconded the motion which carried. The bill passed by a roll
call vote of nine (9) ayes.
ORDINANCE NO. 9555-04 AN ORDINANCE TO EXTEND DEADLINE FOR
WATER LEAK INSURANCE FUND (#644)
REPAYMENT OF LOAN RECEIVED FROM
WATER WORKS GENERAL FUND (#620)
This bill had third reading. Councilmember Pfeifer 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. 9556-04 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND
TRANSFERRING MONIES FROM VARIOUS
ACCOUNTS TO VARIOUS ACCOUNTS
WITHIN DEPARTMENTS WITHIN THE
VARIOUS FUNDS OF THE CITY OF SOUTH
BEND, INDIANA, FOR THE YEAR 2004
This bill had third reading. Councilmember Coleman made a motion to consider the
substitute version of this bill. Councilmember Kuspa seconded the motion which carried
by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion
to pass this bill as substituted. Councilmember Kuspa seconded the motion which
carried. The bill passed by a roll call vote of nine (9) ayes.
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1
REGULAR MEETING DECEMBER 13,2004
ORDINANCE NO. 9557-04 AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND INCREASING
APPROPRIATIONS AND DECREASING
APPROPRIATIONS WITHIN THE VARIOUS
DEPARTMENTS WITHIN THE VARIOUS
FUNDS OF THE CITY OF SOUTH BEND,
INDIANA,FOR THE YEAR 2004
This bill had third reading. Councilmember Coleman made a motion to pass this bill.
Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
RESOLUTIONS
RESOLUTION NO. 3405-04 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 operations of
such businesses; and
WHEREAS, the Board of Public Works, at its meeting held on November 22,
2004, 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 Auto Parts, Inc. Hurwich Iron d/b/a/U.S. Scrap &Recycling
3300 South Main Street 1610 Circle
South Bend, Iron &Metal U.S. Scrap &Recycling d/b/a/South Bend Bailing Division
429 West Indiana Avenue 1420 South Walnut
South Bend Waste Paper South Bend Scrap &Processing Div. Sturgis Iron/Metal
1519 South Franklin Street 1305 Prairie
CTA Enterprises A-1 Auto Parts
d/b/a/ Southside 2014 South Lafayette
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REGULAR MEETING DECEMBER 13,2004
Indiana Auto Parts, Inc. Michaels Tire Recycling
1700 South Lafayette 700 West Chippewa
Steve & Gene's Auto Truck
Salvage
3109 Gertrude Street
Weaver Truck&Equipment
3605 Gertrude Street
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/Karen L. White
Member of the Common Council
Councilmember Dieter, Chairperson, Personnel &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.
Gary Gilot, Director, Public Works, 1300 County-City Building, made the presentation
for this bill.
Mr. Gilot advised that in accordance with the procedure for the renewal of license
applications for Scrap Metal/Junk Dealers Recycling Operations and Transfer Station
operations, inspections of the premises of twelve (12) 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 November 22, 2004, adopted Resolution No. 57-2004
recommending the approval of these license renewals for 2004.
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. Councilmember Dieter seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
BILLS, FIRST READING
BILL NO. 89-04 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, CERTAIN
LAND IN GERMAN TOWNSHIP CONTIGUOUS
THEREWITH;JIM &DONNA GREGAR; ARTHUR &
NANCY BEALL, 23931 & 23885 BRICK ROAD
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Zoning and Annexation Committee and set it for Second Reading and Public Hearing
on January 10, 2005 and Third Reading on January 24, 2005. Councilmember Coleman
seconded the motion which carried by a voice vote of nine (9) ayes.
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REGULAR MEETING DECEMBER 13, 2004
BILL NO. 90-04 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
STREET TO BE VACATED IS KALEY STREET FROM
THE NORTH RIGHT OF WAY OF TUCKER DRIVE TO
THE NORTH PROPERTY LINE OF THE OLIVE
STREET PUMPING STATION OWNED BY THE CITY
OF SOUTH BEND FOR A DISTANCE OF 725 FEET,
MORE OR LESS AND A WIDTH OF 60 FEET. THE
SECOND STREET TO BE VACATED IS A PORTION
OF TUCKER DRIVE FROM THE WEST RIGHT OF
WAY LINE OF KALEY STREET EAST
APPROXIMATELY 305 FEET TO THE EXISTING
FENCE CROSSING THE RIGHT OF WAY. BOTH
STREETS BEING LOCATED WEST OF OLIVE
STREET AND SOUTH OF SAMPLE STREET IN THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
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 10, 2005. Councilmember Coleman seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 91-04 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
CERTAIN LAND IN GERMAN TOWNSHIP
CONTIGUOUS THEREWITH; DFZ PORTAGE
PROPERTIES, 52501 PORTAGE HIGHWAY, SOUTH
BEND, INDIANA
This bill had first reading. Councilmember Pfeifer 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. 92-04 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING FUNDS FOR SOME OF THE CITY'S
CAPITAL EXPENDITURES FOR THE FISCAL YEAR
2005 INCLUDING$543,250 FROM THE GENERAL
FUND, $1,885,800 FROM THE COUNTY OPTION
INCOME TAX FUND,$128,000 FROM THE PARKS
AND RECREATION FUND, $85,000 FROM THE
PARKS NON-REVERTING CAPITAL FUND
This bill had first reading. Councilmember Puzzello made a motion to refer this bill to
the Personnel &Finance Committee and set it for Public Hearing and Third Reading on
January 10, 2005. Councilmember Varner seconded the motion which carried by a voice
vote of nine (9) ayes.
14
REGULAR MEETING DECEMBER 13, 2004
BILL NO. 93-04 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
AUTHORIZING THE ISSUANCE OF BONDS TO
EVIDENCE A LOAN FROM THE INDIANA
DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT BROWNSFIELDS CLEANUP
REVOLVING LOAN FUND ADMINISTERED BY THE
INDIANA DEVELOPMENT FINANCE AUTHORITY,
PLEDGING A PORTION OF THE CITY'S COUNTY
OPTION INCOME TAX REVENUES TO SECURE
SUCH BONDS, AND OTHER MATTERS CONNECTED
THEREWITH
Councilmember Coleman made a motion to accept the substitute version of this bill, as
on file in the Office of the City Clerk. Councilmember Pfeifer seconded the motion
which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made
a motion to refer this bill to the Community and Economic Development Committee and
set it for Public Hearing and Third Reading on January 10, 2005.
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.
PRIVILEGE OF THE FLOOR
COMMENTS BY MS. RITA KOPOLA CONCERNING FARM LAND
Ms. Rita Kopola, 66559 Ivy Road, Lakeville, Indiana, spoke regarding farmland and the
20-acre rule to preserve farm land is unlawful. Ms. Kopala handed out information to the
Common Council and City Clerk's Office, a copy of which is on file in the Office of the
City Clerk.
ANNOUNCEMENT OF NEXT MEETING DATE
Council President White announced that the next meeting of the Common Council will
be held on Monday, January 10, 2005. President White wished everyone a Happy and
Blessed Holiday and to remember the men and women in armed forces that are protecting
our Country and cannot be home with their families this Holiday Season.
15
REGULAR MEETING DECEMBER 13, 2004
ADJOURNMENT
There being no further business to come before the Council, President White adjourned
the meeting at 7:55 p.m.
ATTEST: ATTEST:
ohn oorde, City Clerk aren L. White, President
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