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HomeMy WebLinkAbout04-28-03 Council Meeting MinutesREGULAR MEETING APRIL 28, 2003 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 28, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Roland Kelly OTHERS PRESENT: 1st District 2" District 4t' District Chairperson, Committee of the Whole 5th District 6tn District At -Large Vice - President At -Large At -Large President 3`d District Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk 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 April 14, 2003 meeting 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 April 14, 2003 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3181 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE REGULAR MEETING APRIL 28, 2003 which consisted of a fire engine and hose cart purchased for $1,000; and was staffed by volunteers who protected South Bend, which had been formally incorporated and plated in 1831; and WHEREAS, in 1865 the Town Board authorized a salary of $25.00 annually for the Chief to oversee and be responsible for directing all firefighting efforts and to supervise the 30 self - supplying municipal water cisterns located throughout South Bend; and WHEREAS, by 1868, South Bend officials purchased a horse -drawn rotary steam engine and South Bend's fire protection was considered to be at a premium because insurance agents reported that "no city in the West was better secured against fire than South Bend ", citing the fine firefighting equipment, two (2) brick fire houses and the several stationary engines protecting the major manufacturing areas owned by the Studebaker Brothers, the Birdsells and the Olivers; and WHEREAS, in 1879 the first telephones were installed in the fire houses; in 1882 ten (10) fire alarm telegraph boxes were installed throughout the City which could be activated by keys; and in March of 1886 the Council required that only paid firefighters would be used in the City; and WHEREAS, the Council proudly recognizes that the South Bend Fire Department's rich & vibrant history reflects the courageous firefighters who have dedicated their lives to safeguarding life & property in the City of South Bend; which has grown to 248 sworn firefighters with a Fire /EMS budget of $16,826,618 whose duties include fire suppression, emergency medical services, public education, prevention services & special operations consisting of a Water Rescue Team, a Hazmat Team, a Tactical Rescue Team, & an Indiana River Rescue Team; who utilize 6,000 fire hydrants, live in 12 fire stations and protect a community of 107,789 persons living in a forty square mile area, as well as protecting the millions of dollars worth of homes and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends all past and present dedicated and courageous members of the SOUTH BEND FIRE DEPARTMENT on their 150th anniversary. Section II. The Common Council wishes to acknowledge the rich and proud history of the SOUTH BEND FIRE DEPARTMENT, and would especially like to recognize that in 2002, members of the SOUTH BEND FIRE DEPARTMENT responded to 2,983 calls for services, conducted 10,332 inspections and 311 investigations in the City of South Bend, Indiana. Section III. The Common Council acknowledges that the tireless efforts of Fire Chief Luther J. Taylor and his experienced staff have forged a positive working relationship with the hardworking and dedicated members of the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL -CIO who represent the best and finest firefighters ever. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Ervin Kuspa, Sixth District a REGULAR MEETING APRIL 28, 2003 Councilmember Al "Buddy" Kirsits, 722 Marquette Boulevard, South Bend, Indiana, made the presentation for this Resolution. Fire Chief Luther Taylor and Mr. Ken Marks, President, South Bend Firefighters Local No. 362, joined Councilmember Kirsits at the podium. Councilmember Kirsits noted that based on the advice of Council Attorney Kathleen Cekanski- Farrand, he would like to disclose that he is the son of a firefighter and is currently a firefighter with the South Bend Fire Department and has proudly served since 1979. Councilmember Kirsits thanked Councilmember White for allowing him to present this Resolution which he read in its entirely and which he presented to both Chief Taylor and Mr. Marks. A Public Hearing was held on the Resolution at this time. Fire Chief Luther Taylor, 701 West Sample Street, South Bend, Indiana, thanked Councilmembers for increasing wages over the years. He thanked Executive Board members who joined him tonight noting that they have taken a very aggressive lead in making sure something is done to recognize the Fire Department on their 150th year. Chief Taylor observed that progress has been made over the years particularly in terms of safety. It is their number one goal to strive for safety and he thanked the Council for all that they have done to assist in that effort. Mr. Ken Marks, 1122 South Main Street, South Bend, Indiana, President, South Bend Firefighers Local #362, thanked the Council for this Resolution. He noted that the members of the union are very proud, professional men and women and they thank the Council for their support. Mr. Marks noted that the salary has improved since 1865 and they would like to see the salaries get better over time. Mayor Stephen Luecke, 14th Floor, County -City Building, South Bend, Indiana, thanked and recognized the Fire Department for 150 years of fine service. He stated that they have a proud tradition and a proud future ahead of them because of the skill and the dedication of the officers. He further stated that the community can feel safer because of the special teams that the Department has including Haz Mat, River Rescue and Confined Space Rescue teams that are ready, willing and able to assist in any emergency. Councilmember Kirsits noted that the Fire Department has a lot of sons of former firefighters including Battalion Chief Robert Sanders who was present this evening. He further noted that Chief Sanders father, James R. "Chip" Sanders, was appointed to the South Bend Fire Department when the Department celebrated one hundred (100) years of service. There being no one else present wishing to speak to the Council in favor of this bill and no one present wishing to speak in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by acclamation. President White and Councilmember Kirsits presented to Chief Taylor two (2) cardboard displays depicting the Fire Department past and present and equipment worn by a firefighter. REGULAR MEETING APRIL 28, 2003 bill the committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that Article 1, Section 2 -11 of the South Bend Municipal Code requires that prior to the commencement of any hearings, the Chairperson of the Committee of the Whole explain the procedure that will be followed for all public hearings on bills filed for ordinance consideration. Councilmember King advised that the Committee of the Whole of the South Bend Common Council operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski- Farrand serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each 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. The total time for comments by members of the public speaking against the bill is limited to 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. BILL NO. 87 -99 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1040 W. WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill indefinitely at the request of the ■ REGULAR MEETING APRIL 28, 2003 NEW FIRE STATION AND THE RENOVATION AND EXPANSION OF A POLICE STATION, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFOR AND REGARDING CERTAIN RELATED MATTERS Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mayor Stephen Luecke, 810 Leland Street, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this bill requests a funding mechanism to build a new central fire station and administrative offices for the Fire Department as well as for the remodeling and expansion of the existing facility for the Police Department. Mayor Luecke asked for approval of a Lease Purchase Rental Bond that will fund the construction work on these two (2) facilities. He noted that the City has benefitted from a favorable bidding and interest rate climate for this project. Bids came in on this project and abase bid amount of $14.87 million was accepted. With additional alternates that were accepted, the construction contract amount will be $16.4 million. There are also soft costs for items such as design and issuance of bonds making the total amount bonded $23 million for this project. Mayor Luecke stated that he is delighted to bring this project to the Council as it has been a long time in coming. They have worked long and hard to bring this project in at this amount and they are pleased with the design. The designs for both facilities will serve the departments and the community well. Mayor Luecke asked for the Council's favorable consideration of this bill. He noted that COIT is the source of dollars to pay off the lease payments. He further noted that in attendance this evening to answer questions concerning this project were Mr. Rick 011ett, City Controller, Mr. Gary Gilot, Director, Department of Public Works, Mr. Steve Kromkowski from DLZ, Fire Chief Luther Taylor, Police Chief Tom Fautz and Ms. Anne Brunel, Bond Counsel from Baker & Daniels. 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 was 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 Coleman seconded the motion. Councilmember Kirsits advised that he is a member of the South Bend Fire Department and based on the advice of Council Attorney Kathleen Cekanski- Farrand, he has no conflict of interest in this matter. Councilmember Coleman stated that this project has been a long time in coming and this fulfills promises that have been made over the course of a decade that the City and the Council would do their very best to try to upgrade and provide the best facilities for public safety officers. Councilmember Coleman commended the Mayor, the administration and the Chiefs of both the REGULAR MEETING APRIL 28, 2003 RISE AND REPORT Councilmember White made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. (]ATTEST: eng, LSorett da City Clerk n e BIL LS - THIRD READING ORDINANCE NO. 9415 -03 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE RENOVATION AND EXPANSION OF A POLICE STATION, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFOR AND REGARDING CERTAIN RELATED MATTERS 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. RESOLUTIONS There were no other Resolutions to come before the Council at this time. BILLS - FIRST READING BILL NO. 30 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF FELLOWS STREET FROM THE SOUTH R/W LINE OF INDIANA AVENUE TO THE NORTH R/W LINE OF AN EAST /WEST ALLEY FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF STUDEBAKER'S 1ST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA a REGULAR MEETING APRIL 28, 2003 BILL NO. 31 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE BY CHANGES TO CHAPTER 4, AND CHAPTER 12 TO REGULATE AND LICENSE THE USE OF ALARM SYSTEMS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on May 12, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 32 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR AND /OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2002, AND COLLECTABLE IN THE YEAR 2003; AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS; AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 12, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 33 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $129,500 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on May 12, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING APRIL 28, 2003 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 May 12, 2003. Councilmember Varner 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 There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR WOMEN'S OUTREACH PRAYER LINE MINISTRY Ms. Jane Stewart, 1115 West Jefferson Boulevard, South Bend, Indiana, informed the Council that she represents and would like to introduce the Women's Outreach Prayer Line Ministry which is women helping women. She noted that this ministry is new to the area and she wanted to let the Council know about them and ask for their support. The purpose of the ministry is to help women in crisis. They will lead and guide women to directions on how to get help. Their goals are to reach out touch and support and strengthen each other and to build up self esteem. Ms. Stewart acknowledged four (4) other members who were present tonight. They are standing together as women helping women in unity. Ms. Stewart indicated that they need a building so they can meet with, support and listen to these women and they feel that they can make a difference in South Bend, Indiana. Ms. Stewart thanked Councilmember Pfeifer for her support of this ministry. COMMENTS BY MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he will be fifty (50) years old on Thursday and having been born and raised in South Bend he knows every crook and cranny of the City. In regards to the youth who addressed the Council last week, he stated that young people ages eighteen (18), nineteen (19), twenty (20) and twenty -one (21) do not have a place to go. He noted that the City is finally building a park on the southeast side of town but he would still like to have a big park in the middle of the City. Mr. Swanson informed the Council that he is present at the Council meetings just checking things out. REMINDER TO VOTE ON MAY 6, 2003 President White encouraged everyone to get out and exercise their right to vote on Tuesday, May 6th. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting i