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HomeMy WebLinkAbout11-26-01 Council Meeting MinutesREGULAR MEETING NOVEMBER 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, November 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1st District Vice - President 2' District President 3' District 4' District 5' District 6' District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the November 12, 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 November 12, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF MEETING DATE IN DECEMBER Council President Pfeifer announced that the Council will conduct only one (1) meeting during the month of December on December 10th at 7:00 p.m. REAPPOINTMENT OF FRANK LINARELLO TO THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION BOARD Council President Pfeifer announced the reappointment of Mr. Frank Linarello to the South Bend Public Transportation Corporation Board for another term. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 114 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY - THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST -1- REGULAR MEETING NOVEMBER 26, 2001 ALLEY NORTH OF ORANGE STREET FROM JOHNSON STREET TO THE FIRST NORTH /SOUTH ALLEY; THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF JOHNSON STREET FROM THE FIRST EAST /WEST ALLEY NORTH OF ORANGE STREET, BOTH BEING A PART OF LOT 20, COTTAGE GROVE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Aranowski and Council President Pfeifer announced that they are members of the Housing Development Corporation Board. However, they will receive no monetary gain from this action so will therefore be voting on this bill. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, Trigon Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that this petition- involves a L- shaped dead -end unimproved alley. He noted that there are no garages from any of the adjacent lots that face this alley and there has never been any access to adjacent lots from the alley. Mr. Magliozzi noted that the City owns three (3) of the adjacent lots and the Housing Development Corporation owns one (1) lot. Additionally, a church which is located across Johnson Street owns one (1) lot and there have been some discussions with the church and Habitat for Humanity for this location being a potential site for new construction. This vacation is the first step in assimilating this land with the alley which is right in the middle of it. 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 in favor of this vacation. Ms. Barbara Logan, 212 North Johnson Street, South Bend, Indiana, stated that she owns property at 210, 212 and 214 Johnson and she is unsure about the location of the alley to be vacated as she believes there used to be a house at 208 North Johnson Street at the location of the proposed alley to be vacated. Ms. Logan therefore asked for clarification of where the alleys to be vacated are located. There was no one else present wishing to speak to the Council in opposition to this bill. In rebuttal, Mr. Magliozzi advised that when some of the older subdivisions were platted, alleys were platted along with them in order to provide access to rear garages. He stated that Ms. Logan is correct in that physically there is no alley but by dedicated plat there is an alley that is 6.58 foot wide that has never been used for that purpose. He further stated that this is what is called a paper alley because in reality it does not exist but does exist technically and legally. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND -2- 1 1 I REGULAR MEETING NOVEMBER 26, 2001 MUNICIPAL CODE TO REVISE PROVISIONS FOR THE SCHEDULING OF LICENSE RENEWALS AND FOR THE LICENSING OF RUBBISH AND GARBAGE REMOVAL VEHICLES Councilmember Ujdak announced that the petitioner has asked that this bill be continued until the December 10, 2001 meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill until December 10, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 108 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 2 ENTITLED PANHANDLING AND SOLICITATION REGULATIONS Councilmember Ujdak reported that the Health and Public Safety Committee and the Residential Neighborhoods Committee jointly met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Karl King, 4t' District, Room 455 County -City Building, South Bend, Indiana, made the presentation for this bill. Councilmember King advised that he and Councilmember Pfeifer j ointly introduced substitute bill No. 108 -01 which would amend Chapter 13 of the South Bend Municipal Code by adding a new Article 2 that would be entitled "Panhandling and Solicitation Regulations." He advised that they propose this ordinance because of numerous complaints and growing concerns for the safety, protection and sense of security of people who use public forums arising from ongoing confrontations between panhandlers and citizens of the City. For example, in the course of their participation in the South Bend Downtown Partnership, they have been hearing for many months of a growing number of complaints about panhandlers operating in the downtown. The proposed ordinance would first prohibit panhandling in South Bend's Central Business and Entertainment Area. This area is part of the City in which great amounts of public and private effort and moneys have been invested in redeveloping properties to create a Business and Entertainment District. In the past twenty (20) years, investments totaling $436 million ($295 million in private and $141 million of public) have been made in new business, entertainment and residential projects in the South Bend Central Development Area. Councilmember King also advised that the City government has especially emphasized the development of entertainment venues and events that are intended to attract both local citizens and out -of -town visitors into the area by supporting the Century Center, the College Football Hall of Fame, the Coveleski Stadium, East Race Waterway, the Morris Performing Arts Center, the soon to be renovated Palais Royale, the South Bend Regional Museum of Art, the Studebaker National Museum, Seitz Park, Howard Park, and special events such as the Ethnic Festival, outdoor concerts, and many other events involving citizens in the central area. Also, the City and the South Bend Downtown Partnership are currently working with the South Bend Civic Theater on the possibility of a new location for that organization on the site of the former Avon Theater in the 300 block of South Michigan Street. Doing all of these things at the same time that other uses including office users have rediscovered South Bend's downtown, has been part of the City's concerted effort toward establishing our downtown, once again, as the center of St. Joseph County and a regional center for -3- REGULAR MEETING NOVEMBER 26, 2001 surrounding towns. A revitalized downtown that is attractive to area residents who may not even work there is likely to encourage residential development around the central area and stabilize or increase property values in adjacent neighborhoods. The intent of prohibiting panhandling in the Central Business and Entertainment Area is to provide residents and visitors in this specific part of our City with an environment of both real and perceived safety and security where social, business, cultural, and recreational opportunities can be maximized while eliminating nuisance activities that negatively affect this kind of social and economic interaction. Second, the ordinance would prohibit aggressive solicitation throughout the City. The kind of solicitation that constitutes a nuisance because it instills fear in others. The intent of this portion of the ordinance is to penalize abusive behavior of this kind that intimidates individuals near automated teller machines, on sidewalks, in alleys, and at intersections while motorists and pedestrians are stopped. By prohibiting panhandling in the Central Business and Entertainment Area, the ordinance aims to address the secondary negative effects of such conduct on the employers, employees and patrons of businesses and visitors to the area. And, this portion of the ordinance would serve the City's interest in providing a safe and pleasant environment by eliminating nuisance activities in such a critical area for investment, economic and social activity in South Bend. Panhandling would be permitted elsewhere in the City as long as it is non hostile and nonaggressive. The second portion of the ordinance would give an additional tool that can be used to deal with the problems of aggressive solicitation and panhandling. Councilmember King noted that some years ago, UCLA Professor James Wilson, who coauthored with Mr. George Kelling, the famous Atlantic Magazine article entitled "Broken Windows ", made a statement that "serious street crime flourishes in areas in which disorderly behavior goes unchecked. No single act of panhandling, loitering, or public drunkenness is especially worrisome, but a series of such acts carried on simultaneously by many people is felt by most citizens to be deeply threatening." Councilmember King noted that he and Councilmember Pfeifer believe that the phenomenon Professor Wilson was referring to is now affecting South Bend and it is time to put a stop to it. Therefore, they encourage the Council to support this bill in order to provide citizens and visitors with a safe environment for their social, business, cultural and recreational activities. 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. John Baxter, Executive Director, Center City Associates, 205 North Main Street, South Bend, Indiana, advised that CCA is an organization dedicated to making downtown South Bend stronger. Over the past three (3) years they have interviewed about five hundred (500) building and business owners in the downtown area and one (1) of the questions they ask them is what they would do to improve downtown South Bend. Almost every one of those businesses or building owners has said that they would like to see something done about the panhandling problem. Mr. Baxter also advised that they manage three (3) surface parking lots in the downtown area and they get quite a few calls to their office from parkers who say that there are days that they will be aggressively solicited by panhandlers when they show up in the morning to go to work, during their lunch hour and at the end of the day. Center City Associates is very much in favor of this ordinance and they feel that it will make downtown South Bend a much stronger place to work, live, shop and play. Mr. Dan Chambliss, a resident of Robertson's Apartments, South Bend, Indiana, advised that he is in favor of this ordinance but would like to see some type of addendum added on that would also include loitering and noise nuisance. He advised that during the two (2) years that he has lived in his apartment in the Robertson's building, they have had an ongoing problem with noise from the various businesses, more specifically the nightclubs. They have talked on numerous occasions to the different owners and most of the problems come from the fact that they leave their doors open while in operation. Therefore, the sound reverberates throughout the whole corridor of Michigan Avenue up to the sixth and seventh floors of the Robertson's Apartments. Mr. Chambliss stated that there is a lot of traffic going back and forth and people loitering at the clubs after the clubs are in REGULAR MEETING NOVEMBER 26, 2001 closed. He suggested that businesses that operate after hours should be obligated to pay for additional police coverage at their own expense in order to keep the noise and the loitering down and to get the people removed from the streets after the businesses are closed. Mr. Greg Ayers, Executive Director, South Bend/Mishawaka Convention and Visitors Bureau, which is an initiative of the Chamber of Commerce of St. Joseph County, Suite 310, Commerce Center, 401 East Colfax Avenue, South Bend, Indiana, asked for the Council's support of this bill. He noted that more than $300 million is collected annually by visitors coming to St. Joseph County. While there are many reasons for these visits it is important to note that a large percentage of these visitors spend time and money in the downtown South Bend area. Downtown South Bend is a destination for visitors with Century Center, Morris Performing Arts Center, Coveleski Stadium, two (2) national museums, two (2) regional museums, two (2) major hotels, four (4) bed and breakfasts, more than thirty (30) restaurants and ever increasing retail concentration, several night clubs and much more all being located within a few blocks of one another. Combined with a growing calendar of event activity for visitors and residents to enjoy, downtown South Bend has been and continues to be a primary target for panhandling activities. Mr. Ayers noted that he personally has witnessed an increase in activity when there are conventions and /or special events in the City. It is almost as if those who engage in this type of activity are tracking when these conventions and special events are occurring. When there are more people in downtown South Bend there is also an increase in the amount of panhandling activity. The South Bend/Mishawaka Convention and Visitors Bureau markets the area to potential visitors as a safe community. The activity of panhandling is both a perceived and real fear for many. Every thing that can be done must be done to diminish and eliminate this activity so the visitors and residents will feel safe in downtown South Bend. Downtown South Bend is a destination for visitors and residents alike. Their spending helps employ many. The quality of life we enjoy in South Bend is enhanced due to the presence of all of these attractions in the downtown area. Mr. Ayers asked for the Council's favorable support of this ordinance to end panhandling in the central business and entertainment area in South Bend, Indiana. Mr. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, advised that revitalization of the Morris Performing Arts Center is a public /private investment totaling between $18 and $22 million with more than half of that coming from the City. Because of this large investment, the Morris Performing Arts Center is committed to making the facility one that will serve the entire community. Its success does lie in dollars. Revenues brought in by the Morris Performing Arts Center hinge completely on a person's or patron's willingness to purchase tickets and attend events over and over again. Patrons who are confronted by panhandlers feel unsafe while attending an event and are less likely to attend events in the future thus threatening the success of the Morris Performing Arts Center. He stated that he wholeheartedly supports this ordinance. Ms. Charlotte Huddleston, Robertson's Apartments, Apartment No. 417, 211 South Michigan Street, South Bend, Indiana, advised that she has lived in her apartment for three and one half (3 %2) years and enj oys being there but would like the Council to do something about the panhandlers. She recalled an incident involving one of her guests who was getting out of her van in front of the building along with a child in a wheelchair. While negotiating the wheelchair out of the van a panhandler came up to her and because she was so frightened she left her purse in the van because she did not want to be approached anymore after telling the person that she did not have any money. The keys were in her purse and she locked the van. When she was leaving, she discovered that she locked her keys in the van and ended up spending forty -five dollars ($45.00) for a locksmith to come out on a Saturday to open her van. She would not have been in this situation if she had not been approached by this panhandler who upset her. Ms. Huddleston also mentioned that there is a traffic nuisance on Friday and Saturday nights in her block. Orange cones block the street coming in from Wayne and Jefferson. Because she does come and go often she has experienced trouble getting back to her apartment. She noted that the residents were advised by the apartment management, through a memo, that they should come in from Wayne Street. However, because it was blocked off, she had to come into the block from Jefferson and the police officer followed them. -5- REGULAR MEETING NOVEMBER 26, 2001 Her son explained that his mother was a resident of the Robertson's Apartments. She noted that this blockage has controlled the motorcycles zooming and people hanging out but the panhandlers still need to be dealt with and she therefore is in support of this bill. There was no one else present wishing to speak either in favor of or in opposition to this bill. In rebuttal, Councilmember King asked Council President Pfeifer to address the concerns raised by Mr. Chambliss since she has been involved in the anti loitering issue. Council President Pfeifer thanked Councilmember King and Council Attorney Kathleen Cekanski- Farrand for their efforts in formulating this ordinance as well as the members of the public, Chief Bennett and the Mayor's office. Council President Pfeifer stated that this is the second of a possible three quality of life ordinances. She noted that it was decided a number of years ago to respond as responsible legislators to the needs of the citizens who include citizens who live downtown, own businesses and live in the community. Because complaints have been raised, three potential ordinances are being considered with two (2) already passed and a third proposed to address the concerns of Mr. Chambliss regarding loitering. President Pfeifer noted that downtown residents and business owners will be one of the groups that will come together to discuss that proposed ordinance to determine if it can be tweaked anymore. In regards to the panhandling bill, part of the Council's responsibility as legislators is to provide tools for department heads to carry out their duties and this is a tool that the South Bend Police Department can use against people who are perpetuating aggressive behavior. She noted that the Council received a request from an individual wondering if this ordinance would protect individuals coming in and out of churches. The panhandling ordinance is Citywide in terms of dealing with aggressive behavior. Panhandlers are not just local individuals but some are professional panhandlers that come to our community for the specific purpose of exploiting. They come especially during times when the City has special events and they compromise the quality of life in our community. Council Attorney Kathleen Cekanski - Farrand advised that she has provided to the City Clerk's office various documents in support of this ordinance, which includes documentation provided by Mr. Andres concerning the number of people attending various activities at the Morris Performing Arts Center, a Memorandum from her to the Council President and Councilmember King, dated November 26, 2001 which includes the legal basis used in the drafting of this ordinance, various maps and documentation concerning the patron numbers and dollars referred to by Councilmember King in his presentation. Councilmember Ujdak added that this ordinance is part two of an ongoing series of ordinances being proposed by the Council. He stated that if anyone has any questions regarding the future loitering ordinance they can call any of the Councilmembers or they can leave their name and number with the City Clerk and the appropriate Council Committee chairperson will contact them about future meeting dates. Councilmember Coleman made a motion that this bill, as substituted, go favorably to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 112 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 17, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 9 FOR UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES I on n I 1 REGULAR MEETING NOVEMBER 26, 2001 Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill establishes a universal rate for customers who wish to connect to new water mains and sewer lines in the City of South Bend and surrounding areas. It establishes a price per lineal foot for water and a price per square foot for sewer. The intent of the ordinance is to recover the average cost of construction. He noted that they do allow a ten per cent (10 %) discount for up -front payments and they have a time payment plan. It also provides for surcharges for outside the City and computed fees for outside the City for new connections to water and sewer. The bill also caps residential connection costs inside the City at two thousand dollars ($2,000.00) for water and three thousand dollars ($3,000.00) for sewer. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 109 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $55,000 FROM THE FIRE DEPARTMENT SALARY FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Assistant Chief Rick Switalski, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Switalski advised that this bill transfers fifty -five thousand dollars ($55,000.00) from the Fire Department salary account to the Fire Department equipment account to purchase two (2) additional thermal imaging cameras and also to cover their thirty per cent (30 %) share of the federal grant that they were awarded for training this year. Councilmember Al `Buddy" Kirsits noted that he is a member of the South Bend Fire Department and in regards to Bill Nos. 109 -01 and 110 -01, he will not benefit personally so will be voting on these matters. Councilmember Aranowski inquired how many thermal imaging cameras the Fire Department owns at this time. Chief Switalski stated that this will make a total of four (4), which will be one (1) for each quadrant. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of -7- REGULAR MEETING nine (9) ayes. NOVEMBER 26.2001 BILL NO. 110 -01 PUBLIC HEARING ON A BILL OF THE COMMON ,COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,070 FROM THE GENERAL FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Assistant Chief Rick Switalski, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Switalski advised that this bill appropriates fifty nine - thousand seventy dollars ($59,070.00) to the Fire Department Equipment Fund from the General Fund to allow the Department to cover the federal share of the grant that they received and also to allow the Haz -Mat team to purchase (1) chemical monitor for the team. The total appropriation will be reimbursed through grants before the end of the year. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 111 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PRIVATE DONATIONS TOTALING $1,832,930.87 WHICH ARE ON DEPOSIT IN COUNTY OPTION TAX FUND ( #404) FOR PURPOSES OF PALAIS ROYALE CAPITAL IMPROVEMENTS Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mayor Steve Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that this proj ect has been a great public /private partnership both on the Morris side and now on the Palais side. These dollars that are being asked to be appropriated have been collected through pledges by South Bend Entertainment and turned over to the City for use in the restoration of the Palais Ballroom. These dollars need to be appropriated. These funds, in connection with funds that the Council appropriated earlier this year in the Capital Budget, will allow for the City to let the construction bids on the Palais and begin work on that effort. Mayor Luecke noted that the City is fronting some money because there are additional pledges that will be coming in from South Bend Entertainment over the next two (2) to two and one half (2 %2) years. Those dollars will comeback into the City for use on other projects as those are replenished. Mayor Luecke asked for the Council's favorable consideration of this bill. Mr. Dennis Andres, Executive Director, Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, advised that this ordinance will allow them to complete this project assisting I 1 1 REGULAR MEETING NOVEMBER 26, 2001 in the revitalization of downtown South Bend. It is a sorely needed facility for wedding receptions, banquets, smaller trade shows, career nights and such. The passage of this ordinance allows them to add to the quality of life in the community and he therefore asked for the Council's support. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 113 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DISSOLVING THE WATER WORKS BOARD OF DIRECTORS AND TRANSFERRING SUCH BOARD'S AUTHORITY TO THE BOARD OF PUBLIC WORKS Councilmember Coleman made a motion to continue this bill until the December 10, 2001 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT - Councilmember White made a 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: ATTEST: oretta . D �Fcity er w Ujdak, Chole person Committee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:40 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9287-01 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,000 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA, PHASE II W REGULAR MEETING NOVEMBER 26, 2001 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9288 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 nine (9) ayes. ORDINANCE NO. 9289 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 2 ENTITLED PANHANDLING AND SOLICITATION REGULATIONS This bill had third reading. Councilmember Coleman made motion to substitute this bill as it was in the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9290 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 17, OF THE SOUTH BEND MUNICIPAL CODE TO ADD ANEW ARTICLE 9 FOR UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES 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 nine (9) ayes. ORDINANCE NO. 9291 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $55,000 FROM THE FIRE DEPARTMENT SALARY FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. -10- REGULAR MEETING NOVEMBER 26, 2001 ORDINANCE NO. 9292 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,070 FROM THE GENERAL FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND 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 nine (9) ayes. ORDINANCE NO. 9293 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PRIVATE DONATIONS TOTALING $1,832,930.87 WHICH ARE ON DEPOSIT IN COUNTY OPTION TAX FUND ( #404) FOR PURPOSES OF PALAIS ROYALE CAPITAL IMPROVEMENTS This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 117 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 118 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2110 FORD STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 119 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 10, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. -11- REGULAR MEETING NOVEMBER 26, 2001 BILL NO. 120 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2001 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 10, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:47 p.m. ATTEST: Cor:etta J. da, * y Cl rk -12- ATTEST: Charlotte Pfeifer, Presi Gnt 1 1 [I