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HomeMy WebLinkAbout02-26-01 Council Meeting MinutesREGULAR MEETING FEBRUARY 26, 2001 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, February 26, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1St District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6t'' District Chairperson, Committee of the Whole Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 12, 2001 meeting and the February 26, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the February 12, 2001 and February 26, 2001 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS: RESOLUTION NO. 2968 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH AND COMMENDING THE SPECIAL EDUCATION PROGRAM OF THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, notes that in 1990 the Americans With Disabilities Act became law and focuses on providing civil rights protections in employment, public services, transportation, public accommodations and telecommunications; and WHEREAS, the Common Council further notes that the Americans With Disabilities Act has attempted to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities "; and WHEREAS, the South Bend Community School Corporation serves approximately 21,000 students in thirty-six (36) buildings within which the Special Education Department works in partnership with each facet of the corporation and supports students in each of their buildings; and WHEREAS, the Special Education Department of the South Bend Community School Corporation provides services to over 4,000 students with special needs which include such quality REGULAR MEETING FEBRUARY 26.2001 services as ongoing evaluation, classroom activities, family involvement, inclusion within general education and coordination with the community; and WHEREAS, Susan Sullivan is the Director of Special Education and has a certified staff of approximately 350 individuals who provide services in such disability areas as autism, behavior management, deaf - blind/dual sensory impaired, hearing impaired, occupational therapy, traumatic brain injured, visually impaired, and other mild and severe disabilities. 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 declares the month of March 2001 as "DISABILITY AWARENESS MONTH" in South Bend, Indiana. Section II. The Common Council notes that there have been many advancements since the Americans With Disabilities Act was passed in 1990; and wishes to acknowledge in particular the many contributions and services being performed by the SPECIAL EDUCATION DEPARTMENT OF THE SOUTH BEND COMMUNITY SCHOOL CORPORATION under the guidance of its Director, Susan Sullivan. Section III. The Common Council wishes to sincerely thank and commend the tireless dedication and support, as well as the many quality services provided by those special individuals who work in the SPECIAL EDUCATION DEPARTMENT OF THE SOUTH BEND COMMUNITY SCHOOL CORPORATION. These individuals provide hope and opportunity to those with special needs, so that each student whom they touch may live a more vital, active and meaningful life. 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 /Andrew Ujdak, Sixth District s /Charlotte Pfeifer, Second District s /Sean Coleman, At Large s/Roland Kelly, Third District s /Al "Buddy" Kirsits, At Large s/Karl King, Fourth District s/Karen L. White, At Large s /David Varner, Fifth District s/Kathleen Cekanski- Farrand Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor Ms. Susan Sullivan, Director, Special Education Department, South Bend Community School Corporation, 635 South Main Street, South Bend, Indiana, gave a Power Point presentation summarizing the various functions and activities of the Special Education Department of the South Bend Community School Corporation. The presentation included statistics for the types of needs that the program has to handle and the number of individuals involved. Council President Pfeifer read the Resolution in its entirety and presented it to Ms. Sullivan. Ms. Sullivan thanked the Council for the Resolution and her staff for their dedication to this work. 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 by acclamation. Councilmember Coleman seconded the motion which carried. REGULAR MEETING FEBRUARY 26, 2001 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:25 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. ANNOUNCEMENT OF ITEMS CONTINUED AND WITHDRAWN Councilmember Ujdak informed the public that Bill No. 6 -01 regarding the proposed vacation of a portion of Greenlawn Avenue has been continued until March 26, 2001 at the request of the petitioner. Additionally, Bill No. 133 -00 regarding an amendment to Chapter 13 of the South Bend Municipal Code concerning firearms, has been withdrawn. BILL NO. 10 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with an unfavorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President and Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, indicated that he has discussed this matter with the Area Plan Commission and that Councilmember White will join him in meeting with the Board of the Portage Manor in an attempt to reach a compromise on this issue and the amount of property to be included in this designation. Therefore, Mr. Oxian asked that the bill be withdrawn from consideration at this time. Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 6 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF WHITCOMB & KELLER'S 6TH SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Ujdak advised that the petitioner has requested that this bill be continued until the March 26, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill as requested. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 9 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47, THE 12 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOTS 5 AND 46 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN REGULAR MEETING FEBRUARY 26, 2001 AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued until the March 26, 2001 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 133 -01 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Ujdak advised that the petitioner has asked that this bill be withdrawn. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Lorett . uda City Clerk ATT drew , C a erson Committee of th ole 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 7:27 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9197-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN TOWNSHIP CONTIGUOUS THEREWITH; (BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.) 25,500 BLOCK OF OLD CLEVELAND ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Uj dak 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. RESOLUTIONS: RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN 1NTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES WHEREAS, the City of South Bend, Indiana, has recently annexed into the City a certain 1 1 REGULAR MEETING portion of Centre Township; and FEBRUARY 26, 2001 WHEREAS, the City of South Bend is currently in the process of laying water lines throughout the newly - annexed areas; and WHEREAS, while the laying of water lines and installation of hydrants in the newly - annexed area is expected to be complete no later than the summer of 2001, to ensure full fire protection services for the newly - annexed area until such time, the City desires to contract with Centre Township to provide said services for a short period of time. NOW, THEREFORE, and pursuant to the authority granted to the City of South Bend, Indiana, under I.C. 36 -1 -7, be it resolved by the Common Council of the City of South Bend as follows: Section 1. That the Common Council of the City of South Bend, Indiana, has considered and hereby approves and ratifies the Interlocal Agreement with Centre Township which is attached hereto as Exhibit "A ". Section 2. The City Administration shall notify the Common Council and the City Clerk at least seventy -two (72) hours in advance of sending any notice to terminate the Interlocal Agreement. To foster better departmental communications, the South Bend Fire Department shall re- implement its Labor /Management Committee. Section 3. This Resolution shall be in full force and effect commending January 1, 2001. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Fire Chief Luther Taylor, residing at 2529 Gordon Circle, South Bend, Indiana, made the presentation for this Resolution. Chief Taylor asked for the Council's favorable consideration ofthis Resolution to authorize payment to Centre Township in exchange for fire protection services, auto extrication and first respondent to EMS. Chief Taylor stated that changes are being made to make it possible for the Fire Department to take this service over. Currently the water supply is an issue. He further stated that it was noted earlier that this is a short term agreement not to exceed six (6) months if not less with details being worked out over the course of the next several days. Other improvements they are looking to make in this area is that on March 6`'' the City ambulance will begin to take over the annexation area and also any report of a fire in that area the City would do the response. Chief Taylor noted that the department is slowly making progress to prepare to take this operation over. Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. Mr. Leon Stein, President, Local #362 South Bend Firefighters, 1122 South Main Street, South Bend, Indiana, indicated that he was not necessarily speaking against this Resolution but believed there are a lot of questions that need to be answered. He stated that he believes the City is paying too much for the service. He further stated that he checked into the Centre Township work hours and found out that they have one man that works from 7:00 a.m. to 4:00 p.m. and another person that works from 8:00 a.m. to 5:00 p.m. It is all volunteer after 5:00 p.m. until 7:00 a.m. in the morning and on weekends it is all volunteer. Mr. Stein noted that he has been told that if they have a fire out REGULAR MEETING FEBRUARY 26, 2001 there, they use the water off the engine companies. They only have two (2) and the City has eleven (11). Mr. Stein informed that Council that just last year the union negotiated their contract with the City. If they came to the Council and gave an ultimatum of what they wanted, the Council would not have accepted that and they should not accept it now from Centre Township. Mr. Stein inquired if when the City phases in operations in March if the City will be paying the same fee even though they are responding. He inquired how many volunteers would show up at 2:00 a.m. if there was a fire knowing that the City will be there. And yet, the City is still paying the monthly fee. In conclusion, Mr. Stein informed the Council that the South Bend Fire Department can supply this service right now. There was no one else wishing to speak in opposition to this Resolution. In rebuttal, Chief Taylor indicated that he would agree with Mr. Stein's comment on staffing. They have recently learned that it is a fact that on duty staffing is from 7:00 a.m. to 5:00 p.m. He noted that his prior statements were made on the information he received from Centre Township that they can provide a five minute response time. They do not have the number of staffing that South Bend has. The problem that exists is the water supply in the annexed area. The City could not provide adequate fire protection to the citizens on the west side of 31 without fire hydrants being in place in that area. Chief Taylor noted that the question Mr. Stein raised about the tankers is something to think about but it is more involved than just getting a tanker from the Street Department. He noted that training would have to be done and the Department has not done that nor have they worked with tankers for many years. Chief Taylor advised that in regards to the monthly fee stated in the Agreement, that is something that they were pushed into in the 12''' hour because they were looking into the best interests of the citizens in that area. He stated that if he had to do it over again, the Department would look at this issue from a different perspective being from the standpoint of mutual aid. But, asking another department to take over a complete area is asking for quite a bit. Chief Taylor stated that the City certainly has been very generous with its mutual aid agreement providing aerial service throughout the County. And, if the City gets to the point that it needs some assistance from another department, they would expect to receive that in return. Councilmember Kirsits stated that it was discussed in the committee meeting that the South Bend Fire Department would be responding jointly with Centre Township. Now, the Chief has said it is just for a fire. Councilmember Kirsits inquired if the City would be responding to any call. He further stated that in looking at this Agreement, it specifically spells out that only Centre Township will be providing fire rescue services to this location and he wonders if the City has a problem with this document at this time and whether something needs to be added or is the City sending its equipment to the area jointly with Centre Township. Chief Taylor stated that if the City is paying Centre Township then it is expected that they will have a full turn out from Centre whatever that may be. Any lack of participation through this Agreement would be unacceptable. Therefore, to reiterate, the City will be expecting Centre Township to continue their full response. Councilmember Kirsits asked if the City was going to be responding with their fire apparatus for a call to the annexed area. Chief Taylor stated that they will be responding. He stated that he will begin working with staff in- house, as well as the communication center, to do a dual response to provide the best protection for the residents and commercial establishments in the annexed area. Chief Deputy City Attorney Thomas Bodnar, 1618 East LaSalle, South Bend, Indiana, responded that the Agreement imposes an obligation on Centre Township to respond to fires. The Agreement does not say the City cannot respond as well. It does not say that only Centre Township will respond. Mr. Bodnar stated that there is nothing in this Agreement that prohibits the City from fulfilling its responsibilities or supplementing their response either completely by itself or supplementing Centre Township. Councilmember Ujdak stated that during the course of consideration of this Resolution a couple of things were made very clear. Obviously there are a lot of questions in regards to the basis of the F_ 1 REGULAR MEETING FEBRUARY 26, 2001 changes. It is apparent that this Agreement will soon no longer be needed because of the progress being made on the south side with the sewer and water project. But, the two (2) things that stand out more than anything are the need for long range planning with regard to staff and rigs and the other issue is better communication between management and staff and City administration and the City Council. Councilmember Ujdak stated that this was something that was decided very late in the game and, had circumstances been different, the Council would probably not be considering this Resolution. On that basis, Councilmember Ujdak offered a friendly amendment to restate Section 2 which would read as follows: Section 2. The City administration shall notify the Common Council and the City Clerk at least seventy -two (72) hours in advance of sending any notice to terminate the Interlocal Agreement. To foster better departmental communications, the South Bend Fire Department shall re- implement its Labor/Management Committee. Section 2 as it stands shall be Section 3. Therefore, Councilmember Ujdak made a motion to accept this amendment to the Resolution. Councilmember King seconded the motion. Councilmember Varner asked whether re- instituting the Labor Management Committee would have to be worked out through the firefighters contract. Council Attorney Kathleen Cekanski - Farrand stated that it would not because management has that right. Attorney Cekanski - Farrand stated that in light of Chief Taylor's comments at the Health and Public Safety Committee meeting that he was going to re- institute this committee, this is a paper trail. Councilmember Coleman asked if this was the appropriate place for that paper trail to take place. He noted that he is in full support of re- instituting the Labor Management Committee but questioned whether it should appear specially within the context of what is otherwise an Interlocal Agreement between two governmental entities. He stated that he appreciates why it should be given some consideration in light of the circumstances, but wondered if it was appropriate to have it be specific language in this Agreement. Councilmember Ujdak stated that the language is not in the Agreement itself but is part of the Resolution. Council Attorney Cekanski - Farrand stated that for purposes of clarification, nothing that Councilmember Ujdak is proposing affects the Interlocal Agreement. It is just a communication link between the administration and the Council as well as the Fire Union and fire administration with the Health and Public Safety Committee. Councilmember Kirsits inquired of Mr. Bodnar if during the negotiations it was asked of Centre Township whether or not they would respond, under the mutual aid context, with mutual aid water supply. Mr. Bodnar stated that it was not asked of them and Councilmember Kirsits asked why not. Mr. Bodnar stated that it was because the City would have no way to oblige Centre Township to respond. With this Interlocal Agreement, they are obliged to respond. He noted that under the twelve (12) year old document, if the Chief thinks the department can respond without diminishing their ability and other responsibilities then they can respond. That is the language of the current document and it is certainly nothing the City could make enforceable if they did not. The reason the City decided on an Interlocal Agreement is so the City can show there is something to enforce if they do not respond. Councilmember Kirsits also asked who the call will roll over to if Centre Township is out on a run and the City will only respond on a documented fire which will be a delay until the rig gets there. He asked if the call would roll over to the next volunteer unit or to the nearest pager firefighters. Chief Taylor stated that ordinarily when a township is on a response, the next available township would take that call. In this case, Chief Taylor stated that it would be South Bend. Under normal circumstances the call would be rolled over to the next closest volunteer to respond. It could conceivably be Lakeville or Perm. REGULAR MEETING FEBRUARY 26, 2001 Councilmember Kelly stated it seems a shame to him that issues are being debated that should be fairly cut and dry. What everyone is trying to do is provide for the safety of people and property. Councilmember Kelly agrees that contract is exorbitant in terms of costs but at the same time it needs to be done and the City is doing its best to get it right and move ahead. The motion to accept the amendment to the Resolution as offered by Councilmember Ujdak passed by a voice vote of eight (8) ayes and one (1) nay by Councilmember Kirsits. Councilmember Varner stated that he received a telephone call from Ms. Gail Waltman, Centre Township Trustee, and she gave him a rational explanation on how they arrived at the monthly fee which seemed logical to him and he would be glad to explain it to Mr. Stein. Councilmember Varner indicated that the reason the Council is still discussing this matter is because it came to the Council late and out of the blue and it wasn't until this afternoon that the real reason that this was before the Council was actually discussed. The fact of the matter is it is related to the inability or the perceived inability or the requirement to provide services to a newly annexed area subject to the state statute within a specified period of time. This Agreement is an insurance policy on behalf of the City to insure that the people are protected but also to insure that any contest of the annexation which would occur at a later date over the delivery of fire services could be defended. When it is put into this context, it has a logical beginning and a logical ending because the services have to be provided. There were objections from the union about the costs but the Council never really knew why they were arguing about this or discussing it. Councilmember Varner stated that in the future it would help that when something like this occurs, that the Council is made fully aware of what the motivation is because, in this instance, the Council did not fully understand what that motivation was until this evening. Councilmember Varner further stated that he believes the City is obligated to provide the service and while this may not be the best solution individually, collectively, it is the best solution right now which answers all the needs. Therefore, Councilmember Varner made a motion to adopt this Resolution as amended. Councilmember Kelly seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Kirsits. RESOLUTION NO. 2970 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENCOURAGING THE INDIANA STATE LEGISLATURE TO PASS FUNDING MECHANISMS FOR ADDITIONAL LOCAL ROAD AND STREET FUNDS WHEREAS, currently there are three (3) bills pending in the Indiana State Legislature which address possible funding mechanisms for additional funds for local road and street projects; and WHEREAS, Senate Bill 0258 would shift approximately $136 million in state tax receipts to accounts for state and local roads with the state proposed to receive $67.2 million each year and the local governments proposed to receive $55 million each year with the money to fund this proposal coming from the state sales tax on gasoline which is currently $0.05 on the dollar; and WHEREAS, House Bill 1811 is proposed to raise the state gasoline tax which is currently the sixth (6t'') lowest in the nation from its current level of $0.15 to $0.18 per gallon and the diesel fuel tax to $0.17 per gallon with the proposed raises being $0.01 in 2002 and $0.02 in 2003; and WHEREAS, Senate Bill 0339 would transfer $10,000,000 from the Build Indiana Fund to the Environmental Remediation Revolving Loan fund as follows: $5,000,000 on July 1, 2001 and $5,000,000 on July 1, 2002. It also would transfer $20,000,000 from the Underground Petroleum Storage Tank Excess Liability Trust Fund to the Environmental Remediation Revolving Loan Fund as follows: $10,000,000 on July 1, 2001 and $10,000,000 on July 1, 2002; and REGULAR MEETING FEBRUARY 26.2001 WHEREAS, the need for additional local road and street funding is a growing concern to the City of South Bend in light of the increased need to meet the increasing transportation needs of our community as well as the ongoing maintenance associated with such road and street projects. NOW, THEREFORE, BE IT RESOLVED 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, urges the State Senators and the State Representatives who represent the citizens of our city to pass responsible local road and street funding legislation which addresses the growing needs of local communities. Section II. The Council requests the City Clerk to send a copy of this Resolution to each of our State Senators and State Representatives, and urges each of our elected officials to take positive action so that as much money comes back to this area for local road and street projects. 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 /James Aranowski, First District s /Charlotte Pfeifer, Second District s /Roland Kelly, Third District s /Karl King, Fourth District s/David Varner, Fifth District ATTEST: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski - Farrand Council Attorney s /Stephen J. Luecke, Mayor Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Aranowski made the presentation for this Resolution. He noted that it deals with House Bill No. 1811 and Senate Bill 0258 to help the City get more street funding from the state. After this year the $1 million dollars that the City gets from the state will be expiring. These bills will help the City. Additional local road and street funding is a growing concern to the City of South Bend in light of the increased need to meet the increasing transportation needs of the community as well as the ongoing maintenance associated with such road and street projects. Councilmember Aranowski noted that an amendment is being proposed which he asked Council Attorney Kathleen Cekanski - Farrand to place into the record which was the addition of a Senate Bill that Councilmember King suggested the City include in this Resolution. Attorney Cekanski - Farrand offered the following amendment: In the first "Whereas" clause the word two (2) would be stricken and the word three (3) inserted. Additionally, the fourth "Whereas" clause should be stricken in its entirety and replaced with the following: Whereas, Senate Bill 0339 would transfer $10,000,000 from the Build Indiana Fund to the Environmental Remediation Revolving Loan Fund as follows: $5,000,000 on July 1, 2001 and $5,000,000 on July 1, 2002. It also would transfer $20,000,000 from the Underground Petroleum Storage Tank Excess Liability Trust Fund to the Environmental Remediation Revolving Loan Fund as follows: $10,000,000 on July 1, 2001 and $10,000,000 on July 1, 2002; and REGULAR MEETING FEBRUARY 26, 2001 Councilmember King reiterated that he offered this amendment because the importance of Senate Bill 0339 to the City of South Bend is because the City does access the Environmental Remediation Revolving Loan Fund and there is a limit in the amount any municipality can access from the fund of ten per cent (10 %). Currently the fund is $15 million dollars which means that the limit for South Bend is $1.5 million dollars. The City has currently used $1.3 million dollars of that capacity as part of the package that was put together to keep the Bosch Corporation in the City. Senate Bill 0339, in expanding the fund to $45 million dollars, would increase the local limit to $4.5 million dollars which would give the City an additional $3 million dollars that would be available for ground field remediation which is a key to intercity revitalization and redevelopment. Councilmember King stated that that is why this bill is very important to the City of South Bend. 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 King made a motion to accept the amendment as presented. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to adopt this Resolution as amended. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 2971 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING THE INDIANA STATE LEGISLATURE TO PASS LEGISLATION ADDRESSING PENSION RELIEF FUND DISTRIBUTION FOR POLICE AND FIRE PENSIONS WHEREAS, the Common Council of the City of South Bend, Indiana, notes that House Bill 2025 authored by Representatives Kromkowski and Buell was introduced on January 17th, and after it had its first reading was referred to the Ways and Means Committee; and WHEREAS, House Bill 2025 provides that distributions from the pension relief fund to local units of government be made in a particular year based on the estimates of pension liabilities in the ensuing year and would require that at least fifty per cent (50 %) of each unit's pension ability be paid from the pension relief fund; WHEREAS, House Bill 2025 was passed by the House on February 14th by a vote of 78 to 14 and was referred to the State Senate on that same day; and WHEREAS, Senate Bill 0260 was introduced on January 10th and also addresses pension relief fund distributions including a one -time distribution from the pension relief fund in 2001 in an amount sufficient to ensure that the pension relief fund has paid at least fifty per cent (50 %) of each unit's pension liability for 1998 through 2000; and WHEREAS, Senate Bill 0260 was passed on February 8th by a vote of 37 to 12 and was referred to the House; and WHEREAS, the Council urges the House and Senate through their Conference Committee to reconcile the legislation addressing police and fire pension relief. Such legislation is a critical need to our community and is in the best interests of the men and women who provide vital public safety services for our citizens on a daily basis 365 days a year. NOW, THEREFORE, BE IT RESOLVED 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, hereby publicly 1 1 REGULAR MEETING FEBRUARY 26, 2001 commends the Indiana State Legislature for initiating legislative action which will address the pressing needs of local governments by amending the pension relief fund distributions of local government's police and fire pensions. Section II. The Council requests the City Clerk to send a copy of this Resolution to each of our State Senators and State Representatives, and urges each of our elected officials to take positive action to monitor Senate Bill 0260 and House Bill 2025 through the Conference Committee so that the final version of the fire and police pension relief bill will become law as soon as possible. Section III. The 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 /Charlotte Pfeifer, Second District s /Roland Kelly, Third District s/Karl King, Fourth District s/David Varner, Fifth District ATTEST: s /Loretta J. Duda, City Clerk s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski- Farrand Council Attorney s /Stephen J. Luecke, Mayor Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Ujdak made the presentation for this Resolution. Councilmember Ujdak stated that the House and the Senate passed respective bills dealing with pension relief. House Bill 2025 was mirrored in the Senate with Senate Bill 0260. This Resolution is to urge the Conference Committee to come to a joint conclusion on urging passage of the bill which will provide much needed relief to the cities and the pension funds and other municipality pension funds around the Sate of Indiana due to the ever increasing burden that is being borne by every city municipality with a pension fund. 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 Aranowski made a motion to adopt this Resolution. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2972 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5017 AND 5033 OAK PLACE; 303, 317, 322, 345, 359, 402, 407, 423, 457, 475, 503, AND 515 EVERGREEN PLACE; 4901, 4911, 4952, 4955, 5011, 5012, 5023, AND 5030 MAPLE LANE; 4953, 5015, 5033, AND 5036 PINE PLACE; 449, 454, 463, 466, 478, 482, 502, AND 505 BIRCH BEND DRIVE; 4903 AND 4915 PALM PLACE; 370, 404, 456, 468, AND 480 ANJYLLA; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA EAST; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA WEST; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, AND 5042 ELM STREET; 4926, 4936, 5005, 5010, 5021, 5022, 5038, AND 5041 WALNUT RUN RESIDENTIALLY DISTRESSED AREAS FOR REGULAR MEETING FEBRUARY 26, 2001 PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MADCO RESIDENTIAL, LP 2 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5017 and 5033 Oak Place; 303, 317, 322, 345, 359, 402, 407, 423, 457, 475, 503 and 515 Evergreen Place; 4901, 4911, 4952, 4955, 5011, 5012, 5023, and 5030 Maple Lane; 4953, 5015, 5033, and 5036 Pine Place; 449, 454, 463, 466, 478, 482, 502, and 505 Birch Bend Drive; 4903 and 4915 Palm Place; 370, 404, 456, 468, and 480 Anjylla; 4948, 4959, 5009, 5019, 5020, and 5037 Anjylla East; 4948, 4959, 5009, 5019, 5020, and 5037 Anjylla West; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, and 5042 Elm Street; 4926, 4936, 5005, 5010, 5021, 5022, 5038, and 5041 Walnut Run, South Bend, Indiana, and which are more particularly described as follows: A part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 37 North, Range 2 East located in the City of South Bend, St. Joseph County, Indiana. and which has tax Key Number 18- 2222 -8279 and 18 -222 -8280, as a Residentially Distressed 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1,1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or REGULAR MEETING FEBRUARY 26, 2001 E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) 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 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Stan Foster, 6881 Fieldstone Drive, Burr Ridge, Illinois, made the presentation for this Resolution. Mr. Foster stated that this development is a seventy (70) unit residential single family detached development. He noted that they will be rented or leased with an option to purchase by the tenants. Based on what the IRS says today, if there is a tax exempt entirety involved, the units can be sold to the tax exempt entirety for one dollar over the mortgage or it could be sold at the current market price. If they are sold at the current market price, the tenants will receive a discount from the market price somewhere between 5% and 18 %. Mr. Foster noted that it is one percent (1 %) per year with a minimum of five per cent (5 %) discount. 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 REGULAR MEETING FEBRUARY 26, 2001 Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2973 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 321 SOUTH 35TH STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIMOTHY AND RUTH WELDY WHEREAS, a Statement of Benefits and apetition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 321 South 35 "' Street, South Bend, Indiana, and which is more particularly described as follows: Lot 113A Belmont Addition East 20 feet of Lot 7 Jefferson Acres and which has tax Key Number 18 -5061 -2153 and 18- 5145 - 5371.01, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq.• for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or 1 REGULAR MEETING FEBRUARY 26.2001 D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by REGULAR MEETING the Common Council and approval by the Mayor. FEBRUARY 26, 2001 s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Mike Urbanski, 14299 Day Road, Mishawaka, Indiana, representing the Weldy's, made the presentation for this Resolution. Mr. Urbanski stated that he is glad that they are moving from the southwest, northwest and center area of town and are moving to the River Park and East Jefferson area. He stated that he would appreciate this abatement for the ongoing growth of the City. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the motion and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 16 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND PROPERTY LOCATED AT 1304 KESSLER PLACE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 12, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly 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. 18 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MILTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST NORTH /SOUTH ALLEY EAST OF DALE AVENUE FROM THE SOUTH RIGHT OF WAY LINE OF DAYTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST EAST /WEST ALLEY NORTH OF MILTON STREET FROM THE EAST RIGHT OF WAY REGULAR MEETING FEBRUARY 26, 2001 LINE OF DALE AVENUE TO THE SECOND NORTH /SOUTH ALLEY FOR A DISTANCE OF 240 FEET. ALL BEING APART OF SOUTH EAST ADDITION TO 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 March 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19 -01 FIRST READING ON A BILL 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 PUBLIC WORKS SERVICE CENTER, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFORE AND REGARDING CERTAIN RELATED MATTERS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on March 12, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE EXISTING PUBLIC RIGHTS -OF -WAY KNOWN AS WESTERN AVENUE AND COLUMBIA STREET BEING A PART OF THE RECORDED PLAT OF RIVER BEND ADDITION TO THE CITY OF SOUTH BEND ALSO BEING A PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST AND DESCRIBED AS FOLLOWS: ON WESTERN AVENUE, FROM A POINT APPROXIMATELY 650 FEET SOUTHWESTERLY OF JEFFERSON BOULEVARD; THENCE NORTHEASTERLY TO JEFFERSON BOULEVARD; THENCE ALSO ON COLUMBIA STREET FROM A POINT APPROXIMATELY 350 FEET SOUTHEASTERLY OF WESTERN AVENUE; THENCE NORTHWESTERLY TO WESTERN AVENUE 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 March 12, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SALARY ORDINANCE NUMBER 9137 -00 FOR A NON - BARGAINING EMPLOYEE OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2001 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on March 12, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING UNFINISHED BUSINESS FEBRUARY 26.2001 REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on February 20, 2001: BILL NO. 3 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 814 AND 816 N. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 4 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 S. ST. LOUIS IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on March 12, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS INVITATION TO ATTEND SPECIAL MASS AT BASILICA OF SACRED HEART Council President Pfeifer advised that the Council is in receipt of a letter from Reverend Peter D. Rocca of the Basilica of Sacred Heart inviting everyone to attend a special Mass in the Basilica on Monday, March 19 'h at 5:15 p.m. to celebrate the solemnity of Saint Joseph. This Mass will honor the Brothers of the Holy Cross. President Pfeifer extended the invitation to anyone who might be interested in attending. PRIVILEGE OF THE FLOOR Mr. Myer Blatt, 813 Berlin Avenue, Mishawaka, Indiana, stated that he would publicly like to register his dismay at his fellow citizens who chose to attend a council meeting and then walk out when their particular issue has been addressed. He noted that they have a rare privilege in this country in being able to view and participate in government in action and he finds it difficult to believe that so many people chose to ignore this and regard it in such small a fashion. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:10.p.m. ATTEST: torett I 4!�_ A ATTEST: I 0- -A-Charlotte Pfeifer, President 1 1 l