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HomeMy WebLinkAbout04-12-04 Council Meeting Minutes REGULAR MEETING APRIL 12, 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, April 12, 2004, at 7:00 p.m. The meeting was called to order by Vice President Roland Kelly 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 Arm 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 Absent: Karen L. White At-Large President OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 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 March 22, 2004, meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS SUSPENSION OF RULES TO ADD BILL NO. 04-40 Councilmember Coleman requested that the Council take special action with respect to this Resolution that is a companion to Bill No. 10-04. Therefore, Councilmember Coleman made a motion to suspend the rules for the purpose of hearing Resolution 04-40. Councilmember Varner seconded the motion which carried by a roll call vote of eight(8) ayes. RESOLUTION NO. 3317-04 A RESOLUTION OF THE COMMON COUNCIL OF (BILL NO. 04-40) THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (DUANE O. AND VIRGINIA M. ZEIGER ANNEXATION AREA) -1- REGULAR MEETING APRIL 12, 2004 WHEREAS, there has been submitted to the Common Council of the'City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Centre 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 116.2 acres of unimproved, vacant land, which property is at least 12.5%contiguous to the current City limits, i.e., approximately 16% contiguous, generally located on the south side of Kern Road, approximately 2,600 feet west of U.S. 31, Centre Township,Indiana. 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: 91) 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 distributions 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 lawsl 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 Centre Township, St. Joseph County, Indiana, described more particularly as follows,be annexed to the City of South Bend: A part of the Northwest Quarter of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the northwest corner of said Northwest Quarter, said corner lying South 00 degrees 16 minutes 41 seconds West, a distance of 3.99 feet from a railroad spike, 0.1 feet below the surface of the pavement; thence South 89 degrees 04 minutes 47 seconds East along the north line of said Northwest Quarter, a distance of 1315.56 feet to the northeast corner of the Northwest Quarter of said Northwest Quarter and the Point of Beginning; thence North 00 -2- REGULAR MEETING APRIL 12, 2004 degrees 10 minutes 52 seconds East, a distance of 40.00 feet to the north right of way line of Kern Road as platted by Walnut Farms Subdivision, recorded under instrument number 9837229 in the Office of Recorder of St. Joseph County; thence along said north right of way line, a distance of 1054.10 feet; thence South 00 degrees 05 minutes 01 seconds West, along the west line of property described in Instrument Number 0164689 in said Office of Recorder, a distance of 1043.83 feet to the southwest corner of said property; thence South 89 degrees 54 minutes 59 minutes 59 seconds East, along the south line of said property, a distance of 261.36 feet, to the east line of said Northwest Quarter, said point lying South 00 degrees 05 minutes 01 seconds West, a distance of 1000.00 from the northeast corner of said Northwest Quarter, said corner being marked by railroad spike, 0.1 feet below the surface of the pavement; thence South 00 degrees 05 minutes 01 seconds West, along said east line, a distance of 1666.86 feet to the Southeast corner of said Northwest Quarter; thence North 89 degrees 19 minutes 47 seconds West, along the south line of said Northwest Quarter, a distance of 2640.06 feet to the southwest corner of said Northwest Quarter; thence North 00 degrees 16 minutes 41 seconds East, along the west line of said Northwest Quarter, a distance of 1339.13 feet to the southwest corner of the Northwest Quarter of said Northwest Quarter; thence South 89 degrees 10 minutes 21 seconds East,along the south line of the Northwest Quarter of said Northwest Quarter, a distance of 1317.80 feet to the southeast corner of the Northwest Quarter of said Northwest Quarter, a distance of 1317.80 feet to the southeast corner of the Northwest Quarter of said Northwest Quarter; thence North 00 degrees 10 minutes 52 seconds East, along the east line of the Northwest Quarter of said Northwest Quarter, a distance of 1337.03 feet to the Point the Beginning; containing 116.206 acres,more or less; 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 swapping, 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 W. 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. Councilmember Kuspa, Chairperson, Zoning and Annexation Committee reported that this committee held a Public Hearing on this bill and send it to the full Council with a favorable recommendation. Larry Magliozzi, Assistant Director, Division of Community Development, 1200 County-City Building made the presentation for this bill. Mr. Magliozzi stated that the Resolution is a companion to Bill No. 10-04, which proposes to annex contiguous territory in Centre Township to the City of South Bend. The resolution indicates the approval and adoption by the Common Council of the written plan and policy -3- REGULAR MEETING APRIL 12, 2004 concerning the provision of services,both capital and non-capital in nature, to the territory to be annexed. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this bill. Mr. Aaron Blank, Planner, Abonmarche Consultants, L.L.C., 750 Lincolnway East, South Bend, Indiana, voiced his support of this Resolution. He noted that the property sought to be annexed is located at the south side of Kern Road approximately two thousand seven hundred(2,700) feet west of U.S. 31. The parcel is approximately 116.206 acres in size. The parcel will be used for single-family residential subdivision. The contingent purchaser Kendall-Weiss L.L.P., plans to build approximately 266 residential homes in the Lafayette Falls Subdivision. Mr. Blank further noted that the sanitary sewer mains are currently available on U.S. 31 South, east of the Annexation Area. The developer will be required to extend the necessary sewer lines to and through the proposed subdivision. The wastewater treatment plant and the downstream collection facilities are adequately size to handle the additional flow. No additional public expenditures will be needed to extend existing sewer main facilities. Mr. Blank noted that a 12" water main is currently available on the west side of U.S. 31 South, east of the Annexation Area. The developer will be required to extend the necessary water line to and through the proposed subdivision. There is sufficient capacity for the Annexation Area. No additional public expenditures will be needed to extend existing water main facilities. Mr. Blank noted that the proposed homes will be approximately one thousand eight hundred square feet(1800 sq. ft) to two thousand two hundred square feet(2,200 sq. ft.) There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (8) 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 describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A foinial presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are head 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. -4- NINIMMEMMENIMINI REGULAR MEETING APRIL 12, 2004 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.10-04 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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH; DUANE O. AND VIRGINIA M. ZEIGER, 20000 - 21000 BLOCK, SOUTH SIDE OF KERN 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. Aaron Blank, Planner, Abonmarche Consultants, L.L.C., 750 Lincolnway East, South Bend, Indiana, made the presentation for this bill. Mr. Blank informed the Council that a new subdivision is being planned on the proposed site. The Lafayette Falls Subdivision will have two hundred and sixty six (266) homes. The homes will have approximately 1800 to 2200 square feet. The entrance to the subdivision will be off Kern Road. Mr. Blank stated that city sewer and water will be available. 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, and set this bill for Third Reading on April 26, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 81-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE, NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" -5- REGULAR MEETING APRIL 12, 2004 Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends the 2nd substitute bill as further amended in the Area Plan Commission,to the full council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, made the presentation for this bill. Mr. Myers advised that the Area Plan Commission at its meeting on Tuesday, March 16, 2004, approved the amendments made by the Common Council to the proposed Ordinance and further recommended to the Common Council that additional amendments were made and approved by the Area Plan Commission. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the 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 to accept the 2nd substitute bill as further amended in the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa made a motion for favorable recommendation to full Council concerning this 2nd substitute bill as further amended in the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 20-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FROM MAIN STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET BEING A PART OF MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee reported that this committee held a Public Hearing on this amended bill this afternoon and voted to send it to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand read into the record that Old Section V, should be renumbered to Section VI and new Section V reads as follows: This ordinance shall be subject to a cross-easement agreement addressing ingress and engress to the petitioner's property which is acceptable to the City's Department of Public Works and the U.S. Marshall's Office. Said easement shall be recorded by the Petitioner at their expense. A copy of said easement shall also be filed with the Office of the City Clerk. Councilmember Kelly made a motion to accept the amendments. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Owen Rock, Assistant Director, Economic.Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Rock informed the Council that the purpose of the alley vacation is to assemble a continuous parcel of land for a proposed new office building and parking structure in the Downtown. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. -6- REGULAR MEETING APRIL 12, 2004 BILL NO. 21-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,000.00 INDIANA RIVER RESCUE FUND (FUND #291) Councilmember Puzzello, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Battalion Chief Jim Lopez, South Bend Fire Department, South Bend, Indiana made the presentation for this bill. Chief Lopez informed the Council that this bill will appropriate monies for the Indiana River Rescue Fund (291). The revenues are generated by our River Rescue instructors teaching a minimum of two (2) forty(40) hour classes each year to public safety officers throughout the County. Chief Lopez further noted that the appropriation will allow for the cost of providing the Public Training Program and the purchase of new equipment. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Al Kirsits informed the Council that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski-Farrand that they concur that there is no conflict of interest. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$5,000.00 EMSCIF FUND (FUND #288) Councilmember Puzzello, Chairperson Health and Public Safety 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. Battalion Chief Jim Lopez, South Bend Fire Department made the presentation for this bill. Chief Lopez informed the Council that this bill appropriates $5,000.00 within the Emergency Medical Services Capital Improvement Fund (Fund#288). Chief Lopez further noted that during the year 2003, the South Bend Fire Department received a$5,000.00 donation from State Farm to promote fire safety. The appropriation will allow for the purchase of equipment and training aids to be used in the Fire Safety Program. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Al Kirsits informed the Council that he is a member of the South Bend Fire Department and after discussing this matter with Council Attorney Kathleen Cekanski-Farrand they concur that there is no conflict of interest. -7- REGULAR MEETING APRIL 12, 2004 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 Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 16-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 4, ARTICLE 4, SECTION 4-19, INCREASING INSURANCE REQUIREMENTS FOR AN ARBORIST LICENSE Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, Personnel and Finance Committee, reported that this committee held a Public Hearing on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Bill Carleton, Fiscal Officer, South Bend Park &Recreations Department, 321 E. Walter St. South Bend, Indiana, made the presentation for this bill. Mr. Carleton informed the Council that they have in the past required that as a prerequisite for the issuance of an Arborist's license certain insurance standards must be met, and the amount of that insurance has not been adjusted in accordance with the increase of property value and medical expenses in South Bend. Mr. Carleton further informed the Council that this bill amends the South Bend Municipal Code to increase arborist insurance coverage consistent with current economic conditions. 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 as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 23-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF KENNEDY PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND Councilmember Coleman, Chairperson, Parks,Arts, Recreation and Culture 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. Carl Littrell, City Engineer, City of South Bend, 1316 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Littrell informed the Council that at the regularly scheduled meeting of the Board of Park Commissioners of South Bend, on March 15, 2004, they recommended the sale of a potion of Kennedy Park to the Civil City of South Bend. Mr. Littrell further informed the Council that the parcel to be sold contains approximately 0.374 acres. The Civil City of South Bend wishes to -8- REGULAR MEETING APRIL 12, 2004 straighten and make other improvements to Bendix Dr. This bill would allow for a small portion of the north side of Kennedy Park to be transferred to complete this project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bill Carleton, Fiscal Officer, South Bend Park &Recreations Department, 321 E. Walter St. South Bend, Indiana, spoke in favor of the bill. Mr. Carleton ask the Council for their favorable recommendation. There being no one else present wit.ring to speak to the Council either in favor of or in opposition to this bill, Councilme':Aber Pfeifer made a motion for favorable recommendation to full Council concerning this bill.: Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 17-04 PUBLIC HEARING ON BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE 9243-01 TO INCREASE THE ANNUAL PAY FOR A SOUTH BEND POLICE DEPARTMENT PATROLMAN FIRST CLASS TO $40,000 IN 2005 AND TO ADJUST HEALTH INSURANCE CONTRIBUTIONS OF ALL MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT IN 2005 Councilmember Dieter, Chairperson, Personnel and Finance Committee, reported that this committee along with the Health and Public Safety Committee met on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mayor Stephen J. Luecke, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised the Council that this bill will increase the pay of a 1S` Class Patrolman to $40,000.00 for the calendar year 2005. Mayor Luecke further advised that the amount is the pension base from which retirement benefits for retired South Bend Police Officers are calculated. This bill also proposes to change the amount payable by police officers for employee and family coverage for health insurance to make the amounts for 2005 consistent with amounts to be contributed by Teamsters and non-bargaining employees. Mayor Luecke stated that the administration is pleased that the negotiations between the City and Fraternal Order of Police Lodge No. 36 were successful and hope that our new agreement will establish a constructive and mutually beneficial relationship for years to come. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. -9- REGULAR MEETING APRIL 12, 2004 ATTEST: ATTEST: J- ii►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 7:45 p.m., Vice-President Roland Kelly presided with eight(8) members present. BILLS - THIRD READING ORDINANCE NO. 9495-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE,NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE This bill had third reading. Councilmember Coleman made a motion to consider the 2nd substitute version of this bill as amended in the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this T' substituted version as further amended in the Area Plan Commission. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9496-04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF WESTERN AVENUE FROM MAIN STREET EAST TO THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET BEING A PART OF MARTIN'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion pass this bill as amended in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended in the Committee of the Whole. Councilmember Pfeifer seconded the motion. The bill passed by a roll call vote of eight(8) ayes. -10- REGULAR MEETING APRIL 12, 2004 ORDINANCE NO. 9497-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,000.00 INDIANA RIVER RESCUE FUND (FUND #291) 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 eight (8) ayes. ORDINANCE NO. 9498-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$5,000.00 EMSCIF FUND (FUND #288) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9499-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 4, ARTICLE 4, SECTION 4-19, INCREASING INSURANCE REQUIREMENTS FOR AN ARBORIST LICENSE This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted in the Committee of the Whole. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9500-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF KENNEDY PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE CIVIL CITY OF SOUTH BEND This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9501-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE 9243-01 TO INCREASE THE ANNUAL PAY FOR A SOUTH BEND POLICE DEPARTMENT PATROLMAN FIRST CLASS TO $40,000 IN 2005 AND TO ADJUST HEALTH INSURANCE CONTRIBUTIONS OF ALL MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT IN 2005 -11- REGULAR MEETING APRIL 12, 2004 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3318-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3310 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR TRINET ESSENTIAL FACILITIES X, INC., For the benefit of: CEQUENT TOWING PRODUCTS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 331 0 William Richardson Court, South Bend, Indiana, and which is more particularly described as follows: Toll Road Industrial Park, Phase II: Section One, Lot One and Section Two, Lot Two and which has Key Number 25-1013-021605, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met, except for$12,800 of the total rehabilitation cost as to which the Petitioner did not comply with Indiana Code 6-1.1-12.1-11.3(a)(3). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council, and is further limited by a reduction of$12,800 from the totals assessed value for purposes of computing tax abatement due to Petitioner's non-compliance with Indiana Code 6-1.1-12.1- 11.3(a)(3). -12- REGULAR MEETING APRIL 12, 2004 SECTION II, The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq., except for a portion of the project representing $12,800. SECTION III. 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 Mr. Jeff Kelsey, 300 N. Meridian, Indianapolis, Indiana made the presentation for this bill. Mr. Kelsey advised that Trinet Essential Facilities X, Inc., and Cequent Towing Products, Inc. are seeking a six (6) year real property tax abatement for the location at 3310 William Richardson Court. He stated the new location in South Bend is part of the company's business strategy to consolidate manufacturing functions and distribution functions into separate facilities. Mr. Kelsey stated that the total project cost is estimated to be $860,366 and will create eighty- three (83) new permanent jobs, with a new annual payroll of$1,959,198.00. Mr. Kelsey stated that due to the pulling of a building permit prior to the approval of the tax abatement the amount of$12,800.00 does not qualify for tax abatement, due to Indiana Code 6-1.1-12.1-11.3(a)(3). 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 Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3319-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE OFFICIALS OF SAINT JOSEPH REGIONAL MEDICAL CENTER, INC. TO MEET WITH THE ELECTED AND APPOINTED OFFICIALS OF THE CITY OF SOUTH BEND SO THAT IT WILL REVITALIZE AND COMMIT TO KEEPING ITS VITAL AND DIVERSE MEDICAL SERVICES OPERATIONS LOCATED AT THEIR SOUTH BEND CAMPUS WHEREAS, the Common Council of the City of South Bend, Indiana, is proud to recognize that in 1882 the Sisters of the Holy Cross founded South Bend's 1st hospital in the city, and this establishment is now known as the Saint Joseph Regional Medical Center; and WHEREAS, the Common Council recognizes that the City of South Bend is the 4th largest city in the State of Indiana with a population of 107,789; and WHEREAS, the Common Council further recognizes that the City of South Bend is the county seat of St. Joseph County, with the county having a population of 265,559, making it the 4th largest county in the State of Indiana; and WHEREAS, the South Bend Common Council notes that Saint Joseph Regional Medical Center offers state-of-the art technology and advanced medical procedures which focus on quality care for patients and their families; and -13- REGULAR MEETING APRIL 12, 2004 WHEREAS, the latest available information list the Saint Joseph Regional Medical Center, South Bend Campus as having 303 beds; and medical services which include emergency/trauma, heart, cancer, rehabilitation,pediatrics,kidney dialysis, orthopedic, critical care, and OB/GYN; and WHEREAS, the 3,178 jobs at Saint Joseph Regional Medical Center makes it the 4th largest employer in St. Joseph County; and WHEREAS, currently there are 2,080 full-time jobs and 576 part-time jobs at the Saint Joseph Regional Medical Center, with an additional 522 "as needed"positions; and WHEREAS, Saint Joseph Regional Medical Center currently has 802 registered nurses; with a total of 120 on-staff medical physicians and residents; and WHEREAS, the Common Council has learned that a new team of senior managers and a reconstructed Board of Trustees at Saint Joseph Regional Medical Center will be discussing its plans to construct a new hospital and medical campus outside of the City of South Bend which were announced on April 3, 2002; WHEREAS, the Common Council notes that Nancy R. Hellyer was named the Chief Executive Officer of Saint Joseph Regional Medical Center last Fall; and that Sharon Kendall will become the Executive Director of the City of South Bend's Department of Community and Economic Development on May 1, 2004; and WHEREAS, the Common Council notes that one-half(%2) of Saint Joseph Regional Medical Center's 14-member Board of Trustees are new, and that the Board has been reduced from a 22 member Board to a 14 member Board; WHEREAS, the South Bend Common Council has two (2) new Council Members effective January 1, 2004; one of whom is the 4th District Council Member who represents the District where Saint Joseph Medical Center is located; and WHEREAS, the Council notes that Mayor Stephen J. Luecke has met with Saint Joseph Regional Medical Center's CEO Nancy R. Hellyer and offered to provide assistance in helping them make needed facility improvements at the South Bend campus; and WHEREAS, the South Bend Common Council acknowledges that on November 24, 2003, it adopted Resolution No. 3271-03 and that on December 19, 2003, the South Bend Redevelopment Commission adopted Resolution No. 2021, both of which designated the Northeast Neighborhood Development Area which specifically includes the St. Joseph Regional Medical Center as a Redevelopment Sub-Area which will provide opportunities for the master planning of traffic circulation, infrastructure upgrades and the development and redevelopment of open space planning, landscaping and site design controls; WHEREAS, the South Bend Redevelopment Commission is currently in the process of establishing an"East Bank Village Master Plan"which includes the St. Joseph Medical Center and its campus of 37 acres consisting of nine (9)buildings totaling approximately 800,000 square feet as a prominent institution and of South Bend's "economic drivers"which is located within this area of the City of South Bend; WHEREAS, the South Bend Common Council believes that it is imperative for meetings I/ to commence immediately between the top administrative officials of the Medical Center and the City of South Bend, the Medical Center's Board of Trustees', and the South Bend Common Council to explore opportunities and incentives to keep and revitalize the South Bend campus of the Saint Joseph Medical Center. -14- REGULAR MEETING APRIL 12, 2004 NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana,believes that there is a unique opportunity for representatives of Saint Joseph Medical Center and the City of South Bend, Indiana, to commence a series of meetings for the discussion of exploring incentives and commitments which would be needed to keep the South Bend Campus as the central medical operations for the Saint Joseph Medical Center. Section II. The Common Council believes that with so many individuals being in new positions of leadership, that the parties should commit to meeting as many times as deemed necessary so that all possible scenarios may be discussed to help keep Saint Joseph Medical Center's main campus in South Bend. Section III. The Common Council directs the City Clerk to send certified copies of this Resolution to Saint Joseph Regional Medical Center's Chief Executive Officer Nancy R. Hellyer and to each of the members of their Board of Trustees; as well as to Mayor Stephen J. Luecke and to Sharon Kendall Executive Director-Designee for the City of South Bend's Department of Community and Economic Development; along with a transcript of the portion of the April 12, 2004 Common Council meeting when this Resolution was heard by the Council. Section IV. The Common Council of the City of South Bend, Indiana, believes that the Saint Joseph Regional Medical Center is a key and vital employer who needs to be located in the City of South Bend, in light of the many quality and diverse medical services which it provides to our community. Section V. 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 Presented to by me to the Mayor of the City of South Bend, Indiana, on the /3 day of April, 2004, at A o'clock .m. s/Janice Talboom, Deputy City Clerk Kth Approved and signed by me on the /3 day of April, 2004, at 5 ' o'clock 1 .m. s/Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Ann Puzzello, 4th District, 1247 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this Resolution. -15- REGULAR MEETING APRIL 12, 2004 A Public Hearing was held on the Resolution at this time. Mayor Stephen J. Luecke, 1400 County-City Building, South Bend, Indiana, spoke in favor of this bill. Mayor Luecke stated that this Resolution urges representatives of Saint Joseph Regional Medical Center to continue meeting in an effort to keep the hospital in South Bend. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. BILLS - FIRST READING BILL NO. 24-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, ARTICLE 4, SECTION 13-57.05 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING VIOLATIONS AND PENALTIES FOR LOUD AND RAUCOUS NOISE This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on April 26, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 25-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITH CHAPTER 2, ARTICLE 1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING REGULATIONS GOVERNING THE COMMON COUNCIL This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Council Rules Committee and set it for Public Hearing and Third Reading on April 26, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 26-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND TO BE KNOWN AS THE SOUTH BEND RAINY DAY FUND (#102) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on April 26, 2004. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 27-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE 3, OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING ABANDONED VEHICLES -16- REGULAR MEETING APRIL 12, 2004 BILL NO. 28-04 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; STEVE &JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNWOOD AVENUE, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS COMMENTS BY COUNCILMEMBER ANN PUZZELLO Fourth District Councilmember Ann Puzzello informed the Council of an article she read stating that South Bend, Indiana made the top forty(40)hottest real estate market list. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 E. Victoria Street, South Bend, Indiana, informed the Council of a letter that he has written to the Chief Executive Officer of Economic Research Associates of Chicago, 20 E. Jackson Blvd, Suite 1200, Chicago, IL 60604, regarding a refund of$40,000.00 to the City of South Bend. The $40,000.00 was the fee that was paid to ERA Associates for their expertise in projecting operating figures for the College Football Hall of Fame. Mr. Cierzniak stated that for the first eight years, ERA missed the mark by over$10 million dollars. COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he would like to ask Mr. Harold Brazier to help coach the city youth on boxing. Mr. Swanson stated that if the City had a Youth Center open twenty-four(24)hours a day that the youth of South Bend could attend training camps. ANNOUNCEMENT OF NEXT MEETING DATE Councilmember Kelly, Vice President, announced that the next meeting of the Common Council will be held on Monday, April 26, 2004. ADJOURNMENT There being no further business to come before the Council, Councilmember Kelly adjourned the meeting at 8:15 p.m. -17- REGULAR MEETING APRIL 12, 2004 ATTEST: ATTEST: 61°P 6:"Ar... ohn ■ oorde, City Cler 'oland Kel y,Vi'e President -18-