Loading...
HomeMy WebLinkAbout03/26/07 Council Meeting MinutesREGULAR MEETING MARCH 26, 2007 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, March 26, at 7:00 p.m. The meeting was called to order by Council President Timothy A. Rouse and the Invocation and Pledge to the Flag were given. D !1T T !'~ A T T COUNCILMEMBERS: Present: Derek D. Dieter Roland Kelly Ann Puzzello David Varner Ervin Kuspa Al "Buddy" Kirsits Timothy Rouse Karen L. White 1st District 3rd District 4th District Vice-President 5th District 6th District At-Large At-Large President At-Large Chairperson Committee of the Whole Absent: Charlotte Pfeifer 2nd District OTHERS PRESENT: John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 12, 2007 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember White made a motion that the minutes of the March 12, 2007 meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION N0.3721-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE ST. ANTHONY DE PADUA VARSITY VOLLEYBALL PANTHER TEAM FOR WINNING THE 2006/2007 INTER-CITY CATHOLIC LEAGUE (ICCL) CHAMPIONSHIP 1 REGULAR MEETING MARCH 26, 2007 Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that St. Anthony De Padua School is located at 2310 East Jefferson Boulevard in South Bend; and provides excellent educational opportunities for students from kindergarten through the 8th grade; and Whereas, the Council notes that St. Anthony's is associated with the National Catholic Educational Association which is affiliated with the Diocese of Fort Wayne- South Bend and "is committed to academic excellence which fosters the intellectual development of faculty and students" in a "nurturing environment" where there is a "challenging academic atmosphere"; with St. Anthony's Mission Statement stating that the school "develops life-long learners who live their faith through stewardship and are committed to Catholic values and academic excellence; and Whereas, the South Bend Common Council would especially like to publicly recognize Principal Martha Lewallen, Assistant Principal Donna Hemmerlein, Head Coach Polly Pajakowski, Assistant Head Coach Peg Dalton, and Assistant Coach Chris Pajakowski and the following student-athletes, along with their parents and teachers of the 5t. Anthony de Padua School and all of the individuals and fans associated with the 2006/2007 St. Anthony de Padua Varsity Volleyball Team who won the 2006/2007 Inter- city Catholic League (ICCL) Championship by posting a 52-1 game record and a perfect 26-0 match record: # 1 Emily Voorde # 2 Meredith Farkas # 5 Kelly Powell # 7 Colleen Dalton # 10 Grace Pajakowski # 11 Lindsay Matthys # 19 Mollie Pajakowski # 22 Maggie Cressy # 33 Meredith Smith # 35 Hannah Swi$ Now, Therefore, be it resolved, by the Common Council 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 congratulates each and every student-athlete of the 2006/2007 St. Anthony de Padua Varsity Volleyball Panther Team who won the 2006/2007 Inter- city Catholic League (ICCL) Championship. Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the student-athletes on the 2006/2007 ST. ANTHONY DE PADUA VARSITY VOLLEYBALL TEAM has enabled each of these student-athletes to be excellent role models, whose skills both on and off the volleyball court has brought the highest of honors to each of them, their family and friends, St. Anthony De Padua School and their alum, the Diocese of Fort Wayne-South Bend, and the residents of the City of South Bend. Their superb volleyball skills shown through their volleys, attacks and smashes, and the life-experiences of working together as a team, along with their continued academic excellence, will prepare all of these youth to be leaders of tomorrow. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. slDerek D. Dieter, lst District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District slAnn Puzzello, 4th District s/Dr. David Varner, 5th District Attest: slErvin Kuspa, 6th District slAl "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Adopted this 26th day of March, 2007. s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend REGULAR MEETING MARCH 26, 2007 Councilmember Roland Kelly made the presentation for this Resolution by reading it in its entirety and presenting it to the Coaches and the Members of the St. Anthony DePadua Varsity Volleyball Team. Chris Pajakowski, Assistant Coach, thanked the Council for this great honor. 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 made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION N0.3722-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING JOHN ADAMS HIGH SCHOOL MOCK TRIAL TEAM FOR WINNING THEIR 7TH STRAIGHT MOCK TRIAL STATE CHAMPIONSHIP Whereas, the Indiana High School Mock Trial program is aimed to "stimulate and encourage a deeper understanding and appreciation of the American legal system by providing an opportunity for students to learn about the judicial system through ahands- onexperience"; and Whereas, through mock trials, high school students gain an understanding of society's approach to dispute resolution and justice through an experiential learning opportunity where they can acquire skills in critical thinking and reasoning, oral advocacy, team work and citizenship involving a hypothetical case where mock trial team members compete in actual courtrooms and display their knowledge; and Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that twenty-four (24) high schools from throughout the State of Indiana recently competed in the Indiana High School Mock Trial State competitions; and that the John Adams High School Mock Trial Team who won the Mock Trial State Championship, making this the 7th consecutive year in which a John Adams team were victorious as Indiana State Champions; and Whereas, the Council would especially like to publicly recognize that the John Adams High School Mock Trial Program is organized and sponsored by Judith Overmyer, a teacher at John Adams; the local attorneys who serve as Mock Trial coaches and volunteer countless hours of their time and talents in preparing the MOCK TRIAL STATE CHAMPIONS for the State of Indiana, the Adams Mock Trial Renegades Team, whose members include: Claire Alvis Laura Jones Adam Rector Ethan Jason Michael Smyth Katherin Yugo 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 congratulates each and every member of the 2006-2007 John Adams High School Mock Trial Team, their program's organizer and sponsor, Judith Overmyer, and their coaches for winning their 7th straight Mock Trial State Championship, making this Renegade Team the best in the state! REGULAR MEETING MARCH 26, 2007 Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of the students on the John Adams High School Mock Trial Team has enabled each of these students to be excellent role models for all students throughout our country; and each team member has brought the highest of honors to themselves, their family and friends, John Adams High School, the South Bend Community School Corporation and all of the residents of the City of South Bend, Indiana. Section III . The Common Council wishes the John Adams High School Mock Trial Team the very best as they represent the State of Indiana at the National High School Mock Trial Championship in Dallas, Texas on May 10-12, 2007. Section IV . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. slDerek D. Dieter, lst District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District slAnn Puzzello, 4th District s/Dr. David Varner, 5th District slErvin Kuspa, 6th District slAl "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 26th day of March, 2007. s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello made the presentation for this Resolution by reading it in its entirety and presenting it to the Members of the John Adams High School Mock Trial Renegades Team. Judith Overmyer, Sponsor, John Adams High School Mock Trial Team, thanked the Council for this honor. She thanked all of the local attorneys who serve as Mock Trial coaches and volunteer countless hours of their time and donations of pizza. She especially thanked Robert & Jane Miller for all their support. 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 Kelly made a motion to adopt this Resolution by acclamation. Councilmember Kuspa seconded the motion which carried. RESOLUTION N0.3723-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING RILEY HIGH SCHOOL STUDENT-ATHLETE GEORGE MALONE ON WINNING THE INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC. (IHSSA) WRESTLING CHAMPIONSHIP FOR THE 215 WEIGHT CATEGORY REGULAR MEETING MARCH 26, 2007 Whereas, the Common Council of the City of South Bend, Indiana, recognizes that James Whitcomb Riley High School is located at 1902 Fellows Street in South Bend, and has a current student enrollment of 1,525; and Whereas, the Council further recognizes that Riley High School is governed by the Indiana High School Athletic Association, Inc. (IHSAA), which was originally organized in 1903, and regulates, supervises and administers interschool athletic activities among 406 member Indiana high schools; and Whereas, the South Bend Common Council is especially proud to honor one of the premier Wildcat student-athletes, 11th grade student George Malone who had an outstanding wrestling record of 46-0 in the 215 weight category; and Whereas, George Malone is the new Indiana State Champion by defeating Luke Watkins of North Central High School at the 69th Annual IHSAA Individual Wrestling State Finals held in Conseco Fieldhouse in Indianapolis, Indiana. 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 commends and honors student-athlete GEORGE MALONE, a junior at South Bend's James Whitcomb Riley High School, for winning the 69th Annual IHSAA Individual Wrestling Championship for the 215 weight category. Section II. The South Bend Common Council believes that hard-work, discipline, and dedication of GEORGE MALONE demonstrated in his training, strength- conditioning and shown through his superior takedown techniques helped make him an unbeaten wrestling champion in the State of Indiana. Section III. Student-athlete GEORGE MALONE is an excellent role model for youth in our community, and under the direction of Coach Bill Flatt, GEORGE MALONE has brought the highest of honors to himself, his family and friends, James Whitcomb Riley High School, the South Bend Community School Corporation, Riley High School alum, and all of the residents of the City of South Bend, Indiana. Section IV. The South Bend Common Council wishes GEORGE MALONE continued success in his studies at Riley and beyond, and is so proud to honor him as the 2006/2007 215 Pound IHSAA Champion; and wishes that George's wrestling career will include a countless number of pins and take downs since he is now South Bend's newest wrestling legend. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. slDerek D. Dieter,lst District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District slAnn Puzzello, 4th District s/Dr. David Varner, 5th District slErvin Kuspa, 6th District slAl "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Attest: s/John Voorde, City Clerk Adopted this 26th day of March, 2007. s/Stephen J. Luecke, Mayor of South Bend Councilmember Dieter made the presentation for this Resolution by reading it in its entirety and presenting it to George Malone. REGULAR MEETING A Public Hearing was held on the Resolution at this time. MARCH 26, 2007 There was 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 by acclamation. Councilmember Varner seconded the motion which carried. RESOLUTION N0.3724-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY HONORING HEROES CAMP, INC. OF SOUTH BEND FOR THEIR WIDE RANGE OF SERVICES TO OUR COMMUNITY Whereas, the Common Council of the City of South Bend, Indiana, recognizes that Heroes Camp, Inc., currently located at 2501 Indiana Court, just south of the Sample and Olive Street intersection offers a wide variety of services to our community on a 2417 basis; and Whereas, the Council notes that Heroes Camp, Inc. began as a Saturday Super Church and its current location offers multi-faceted community services from its 15,950 square foot facility where they offer family counseling, a food bank, a laundry area, a kitchenette, shower facilities, a furnished weight room, a basketball court, along with administrative offices; and Whereas, the Council further notes that Heroes Camp, Inc. focuses on building long-term relationships with youth, with a special emphasis on "at-risk youth" where it trains youth with activities "which offer hope, life skills and loving relationships" as part of their winning combination of "Spirit + Soul + Body =The Total Experience"; and Whereas, in its eighteen (18) years of service, Heroes Camp, Inc. has touched the lives of more than 30,000 youth in our community; and Whereas, the South Bend Common Council wishes Heroes Camp, Inc. the very best in seeking a permanent home as they seek to raise $1,250,000 to build a new facility as they continue to "provide hope, stability and wisdom" to the more than 300 youth who visit Heroes Camp each week through group teaching, counseling, tutoring, crisis intervention, and organized games. Now, Therefore, be it resolved, by the Common Council 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 wishes to commend all of the persons associated with Heroes Camp, Inc. for their vision and dedicated services in preparing youth with "life skills, leadership, discipline, respect, responsibility, job readiness and interpersonal relationships". Section II. The South Bend Common Council believes that the hard-work, discipline, and dedication of Heroes Camp, Inc., and in particular, Directors Patrick and B.J. Magley, Pastor Coats, Pam Harris, and their committed staff of twenty-six (26) volunteers who collectively offer over 150 years of mentoring experience, are true role models for community outreach for youth; and wish them continued success in making positive differences in at-risk youth. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. REGULAR MEETING slDerek D. Dieter, lst District s/Charlotte D. Pfeifer, 2nd District s/Roland Kelly, 3rd District slAnn Puzzello, 4th District s/Dr. David Varner, 5th District Attest: s/John Voorde, City Clerk MARCH 26, 2007 slErvin Kuspa, 6th District slAl "Buddy" Kirsits, At Large s/Timothy A. Rouse, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand, Council Attorney Adopted this 26th day of March, 2007. s/Stephen J. Luecke, Mayor of South Bend Councilmember Timothy Rouse made the presentation for this Resolution by reading it in its entirety and presenting it to Staff and Members of Heroes Camp. 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 Rouse made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried. Jamal, Heroes Camp Member, stated that if it wasn't for Heroes Camp he would either be in prison or dead. One day he heard about this white guy who would play one on one basketball and if you could beat him he would buy you a new pair of tennis shoes. So he went and played and has been at Heroes Camp ever since that day. Pat Magley saved his life, and now he wants to give back to those in need, just like him. He thanked the Council for this honor. REPORTS OF CITY OFFICES Phil St. Clair, Park Superintendent, 321 E. Walter Street, South Bend, Indiana, reported on the Parks and Recreation Operations and Master Plan Update for 2004-2008 vs. City Plan. A copy of the South Bend Parks & Recreation Department Comparison and Support: Parks and Recreation Operations and Master Plan Update 2004-2008 vs. City Plan is on file in the Office of the City Clerk. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:05 p.m. Councilmember Kelly made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Committee of the Whole, presiding. Councilmember White explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure maybe found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS. BILL N0. 12-07 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KNOBLOCK STREET FROM NORTH OF VOORDE DRIVE TO SOUTH OF PROGRESS DRIVE AND MAPLEWOOD AVENUE FROM NORTH OF VOORDE DRIVE FOR A DISTANCE OF APPROXIMATELY 470 FEET REGULAR MEETING MARCH 26, 2007 Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. David Rafinski, Wightman Petrie, Consulting Engineers & Land Surveyors, 213 South Scott Street, South Bend, Indiana, made the presentation for this bill. Mr. Rafinski advised that the petitioner Stanz Foodservice, Inc., 1840 N. Commerce Drive is requesting the first street to be vacated is Knoblock Street from the North right of way line of the new Voorde Drive to the South right of way line of Progress Drive for a distance of approximately 810 feet and a width of 14 feet take from the entire West side of the said 60 foot right of way. The second street to be vacated is Maplewood Avenue from the North right of way line of the new Voorde Drive for a distance of 470 feet, more or less, to the previous line vacation described in the Board of Works Resolution Number 3446 and a width of 50 feet. Said street being a part of Post Place Addition and a part of the Airport Industrial Park, Phase 2 Subdivision in Portage Township, City of South Bend, St. Joseph County, Indiana hereby determines that it is desirable to vacate said property. This being the time heretofore set for the Pubic Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Jerry Niezgodski, Chairman, Lincoln Way West Gateway Association, 2930 Bonds, South Bend, Indiana, advised that all the neighbors were opposed to the permanent closing of Knoblock Street. The substitute bill allows for Knoblock Street to remain open and allow Stanz to build closer to the street, thereby allowing the new building to be connected to existing structures in a manner allowing the most efficient use of space. He thanked Councilmember's Dieter and Rouse for their support, and Mr. Harman, President of 5tanz Foodservice, for setting an example of how a good corporate citizen can work with neighbors to resolve differences of opinion. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0. 13-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM HAZ-MAT FUND (#289) Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Battalion Chief Mike Damiano, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Damiano advised that the bill would allow for the appropriation of $10,000 within the Haz-Mat Fund (#289). The appropriation would allow for equipment repair $2,500.00; Level A & B Suits $3,500.00; Radio Batteries $500.00; Overpack Drums $600.00; Plug and Dike Materials $600.00; (Accessory) Ramps $300.00; Miscellaneous Tools $1,000.00; Lumber for trucklTrailer Renovations $1,000.00. These revenues are generated by the Haz-Mat Team when responding out of the City and continue to be a great asset in defraying the expense for the operation of this team. REGULAR MEETING MARCH 26, 2007 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 wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0. 14-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $77,400 FROM RIVER RESCUE FUND (N0.291) TO TRAIN PERSONNEL AND PURCHASE EQUIPMENT Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afrernoon and sends it to the full Council with a favorable recommendation. Battalion Chief Mike Damiano, South Bend Fire Department, 1222 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Chief Damiano advised that this bill would allow for the appropriation of $77,400.00 within the Indiana River Rescue Fund (#219). Revenues generated by the River Rescue instructors teaching a minimum of two (2) 40 hour classes each year to public safety officers throughout the county. This continues to be a great asset in defraying the expense for the operation for the year of 2007. 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 wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0.6-07 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $3,000,000 FROM THE GENERAL FUND, $1,500,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $800,000 EMERGENCY MEDICAL SERVICES, $4,500,000 FROM THE COUNTY OPTION INCOME TAX FUND, $1,000,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $200,000 MORRIS PERFORMING ARTS CENTER, $824,500 FROM THE PARKS AND RECREATION FUND, $320,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $75,000 FROM THE PARK RECREATION NON- REVERTINGFUND, $4,000 FROM THE EAST RACE WATERWAY FUND, $3,100,000 FROM THE LOCAL ROADS AND STREETS FUND, $31, 500 CONSOLIDATED BUILDING FUND, $1,105,100 FROM THE WATER WORKS DEPRECIATION FUND, AND $3,215,000 FROM THE SEWAGE WORKS DEPRECIATION FUND REGULAR MEETING MARCH 26, 2007 Councilmember Varner, Vice-Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mayor Stephen J. Luecke,14th Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mayor Luecke thanked the Council for their extensive review of the Capital Budget by taking time out on a Saturday morning and spending several hours asking questions on where dollars are going and how they are being spent. He stated that he placed on the Council seats before the meeting tonight a copy of GIS Maps indicated where those dollars are spent, such as the after-school programs, some of the Economic Development Programs, and even the CSO and long-term control plan Sewer Works Projects. As the maps indicate the projects are fairly spread evenly across the City for all the residents to take advantage of. He noted that he would be glad to continue to provide information of this nature. The Capital Budget for this year is 18 million dollars, last years Capital Budget was 19 million dollars, in 2005, the Capital Budget was 30 million, and 2004, 28 Million and 2003, 31 million. Mayor Luecke stated that the City has to be more frugal on the Capital Budget for this year. A couple of factors have led to that 18 million dollar figure, there was a 100% collection of the property taxes, due to St. Joseph County being able to finally hold a tax sale, and that allowed the City to generate more dollars in the General and Park Department's General fund, than they would have otherwise. Along with an extra distribution from the COIT and EDIT funds, the State was able to process more returns last year and that allowed for a larger distribution in those two funds. Mayor Luecke stated that he is pleased with the budget that he is presenting to the Council. He wished that there were additional dollars to allocate, because there are always more needs than there are dollars available. Catherine Fanello has provided a packet that show a summary of five (5) years of Capital Budgets and show distributions of those dollars in 2006 and 2007, he noted that the major units receiving capital dollars in 2007 are Public Works with 5.5 million Utilities 4.3 million, Community & Economic Development 4.8 million and Parks and Recreation 1.8 million approximately. The commercial corridors 1 million; l million dollars in the Northeast Neighborhood, that is really atwo-year distribution. He noted that they had appropriated $500,000 last year, but did not expend that money and so they are rolling that $500,000 into this year, along with another $500,000. $500,000 set aside for vacant housing initiative. Mayor Luecke stated that they will be coming back to the Council with more details on their recommendations on a variety of ways to bring private investment into the neighborhoods to address some of the vacant housing issues as well as certain City programs that will be working on that issue. The Good Neighbors Program, Curb & Sidewalk program again funded at $500,000 for this year. Residential street lighting and lamppost programs have been well received by the residents and the City wanted to continue to offer those initiatives. 2.1 million dollars in paving and concrete repairs. This funds the City at a replacement level for the streets and allows the City to be on a the average 20 year return cycle which is what the City needs to be on. The City is taping full advantage of the Wheel Tax Dollars that have been made available by passage by the County Council and believe that those dollars are essential to the City to be able to maintain a full force paving and concrete repair program. Some major projects Portage Avenue, introducing two new round-abouts at a cost of $855,000.300,000 for the extension of Riverside Trail. Work on Miami Road at 500,000. Setting aside $500,000 for Technology Park on the South Side of the University of Notre Dame. $200,000 put aside for splash pads, for the children to have some place keep cool during the summer. $400,000 for the Leeper Park Tennis Courts. He stated that he believes that they are using these dollars wisely. Mayor Luecke thanked the Council again for their input and suggestions and urged favorable consideration of this bill. 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 wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full 10 REGULAR MEETING MARCH 26, 2007 Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 8:30 p.m. Council President Timothy A. Rouse presided with eight (8) members present. BILLS -THIRD READING ORDINANCE N0.9743-07 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: KNOBLOCK STREET FROM NORTH OF VOORDE DRIVE TO SOUTH OF PROGRESS DRIVE AND MAPLEWOOD AVENUE FROM NORTH OF VOORDE DRIVE FOR A DISTANCE OF APPROXIMATELY 470 FEET This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember White made a motion to pass this bill as substituted. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0.9744-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM HAZ-MAT FUND (#289) This bill had third reading. Councilmember Varner made a motion to bass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0.9745-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $77,400 FROM RIVER RESCUE FUND (N0.291) TO TRAIN PERSONNEL AND PURCHASE EQUIPMENT 11 REGULAR MEETING MARCH 26, 2007 This bill had third reading. Councilmember Varner made a motion to bass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE N0.9746-07 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL AND PROGRAM EXPENDITURES FOR THE FISCAL YEAR 2007 INCLUDING $3,000,000 FROM THE GENERAL FUND, $1,500,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $800,000 EMERGENCY MEDICAL SERVICES, $4,500,000 FROM THE COUNTY OPTION INCOME TAX FUND, $1,000,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $200,000 MORRIS PERFORMING ARTS CENTER, $824,500 FROM THE PARKS AND RECREATION FUND, $320,000 FROM THE PARKS NON-REVERTING CAPITAL FUND, $75,000 FROM THE PARK RECREATION NON-REVERTING FUND, $4,000 FROM THE EAST RACE WATERWAY FUND, $3,100,000 FROM THE LOCAL ROADS AND STREETS FUND, $31, 500 CONSOLIDATED BUILDING FUND, $1,105,100 FROM THE WATER WORKS DEPRECIATION FUND, AND $3,215,000 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had third reading. Councilmember Puzzello made a motion to bass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RFC(1T .T TTT(1NC RESOLUTION N0.3725-07 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AUTHORIZING THE CITY'S PARTICIPATION IN A JOINT HOMELAND SECURITY STEERING COMMITTEE AND A JOINT HOMELAND SECURITY PLANNING COMMITTEE WHEREAS, the State of Indiana has mandated that there be a coordinated response to terrorism activities which cross jurisdictional boundaries or exceed the response capabilities of a local jurisdiction; and WHEREAS, under the direction of the St. Joseph County Emergency Management Agency, the cities of South Bend and Mishawaka, St. Joseph County and other organizations have prepared a Comprehensive Emergency Management Plan which addresses major emergencies that could impact communities including biological, chemical and nuclear terrorism incidents; and WHEREAS, in 2003 the South Bend Common Council adopted a resolution for such participation and since that date it has been determined that there should be a name change to the committees to better serve the interests of Homeland Security District 2 which contains the counties of Elkhart, Fulton, Kosciusko, Marshall, Pulaski, St. Joseph 12 REGULAR MEETING MARCH 26, 2007 and Starke; and that the Emergency Support Functions addressed by the United States Department of Health & Human Services would also be better addressed; and WHEREAS, the City of Mishawaka and St. Joseph County have recently adopted similar resolutions. Now, Therefore, Be It Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City of South Bend acknowledges that if a terrorism incident occurs anywhere in or near St. Joseph County that it would likely impact South Bend, Mishawaka and St. Joseph County, especially if the incident involved biological, chemical or radioactive agents. Emergency response organizations from all three (3) entities would be involved in the response and residents of all three (3) entities would be affected. A coordinated response effort is therefore deemed to be in the best interests of the community. Section II. The Common Council of the City of South Bend, Indiana, in cooperation with the Mayor, hereby re-authorizes the city's participation in a coordinated response to terrorism activities which may cross jurisdictional boundaries or which may exceed the response capabilities of a local jurisdiction. Section III. The Common Council and the Mayor hereby re-authorize the City of South Bend, Indiana, to continue to operate pursuant to an agreement with the City of Mishawaka and St. Joseph County to work cooperatively on a Joint Homeland Security Steering Committee formerly known as the Joint Anti-Terrorism Steering Committee which will continue to oversee terrorism preparedness activities, coordination and guidance and review and approve, as appropriate, such plans, policies and procedures which would coordinate terrorism preparation and activities. Section IV. The Common Council and the Mayor hereby authorize the City of South Bend, Indiana, to work cooperatively with the City of Mishawaka and St. Joseph County on a Joint Homeland Security Planning Committee formerly known as the Joint Anti-Terrorism Preparedness and Response Committee which shall continually assess the ability of the communities to respond to a terrorism incident and assist the communities in developing policies, plans and procedures to improve response capabilities. This Planning Committee shall address non-medical terrorism preparedness and response issues which are common to South Bend, Mishawaka and St. Joseph County and have representatives for each of the fifteen (15) emergency support functions. Section V. The Planning Committee shall provide advice and recommendations to the Steering Committee and department managers, and shall further provide updates to the respective legislative branches of the City of South Bend, City of Mishawaka and St. Joseph County. 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/Timothy A. Rouse Member of the Common Council Attest: s/John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend Indiana, on the 27th day of March at 2:00 o'clock p. m. s/Janice Talboom, Deputy Office of the City Clerk 13 REGULAR MEETING MARCH 26, 2007 Approved and Signed by me on the 27th day of March at 4:15 o'clock p.m. s/Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember White, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Division Chief Gary Horvath, SBPD Community Relations Division, 701 W. Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Horvath advised that this bill would allow the City of South Bend's continued participation with the City of Mishawaka and St. Joseph County in coordinating responses to terrorism activities which may cross jurisdictional boundaries or which may exceed the response capabilities of a local jurisdiction. Since 2003, South Bend, Mishawaka and St. Joseph County have worked pro-actively in developing policies, plans and procedures to improve repose capabilities. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to he Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote eight (8) ayes. BILLS, FIRST READING BILL N0. 16-07 FIRST READING ON A BILL OF HE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 2, RESIDENTIAL DISTRICTS AND ARTICLE 7, GENERAL REGULATIONS TO CLARIFY PARKING IN RESIDENTIAL ZONING AREAS OF THE CITY This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0. 17-07 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 8 ENTITLED RESIDENTIAL LAWN PARKING REGULATIONS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on Apri123, 2007. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS 14 REGULAR MEETING REPORT FROM BOARD OF ZONING APPEALS: MARCH 26, 2007 BILL N0.07-49 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT (THE 1700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA) Councilmember Puzzello made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on April 9, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. REPORTS FROM AREA PLAN COMMISSION BILL N0.9-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1840 COMMERCE DRIVE, COUNCILMANIC DISTRICT 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL N0. 10-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA BILL N0. 11-07 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRELAND ROAD & LAFAYETTE BLVD., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT N0.6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer Bill Nos. 9-07;10-07;11-07 to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on April 9, 2007. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NF.W RT T~TNF.CC Councilmember Puzzello stated that she attended the Neighborhood Resources and Technical Services Board (NRC) formerly NERTS. She noted that they are currently looking for Directors for the Near West Side; LANA; and Keller Park Neighborhood Associations. 15 REGULAR MEETING MARCH 26, 2007 Councilmember Varner stated that he attended the Michiana Area Council of Governments (MACOG) meeting held at the Union Station, now it houses the Metro Net. Councilmember Varner stated that he would like to see the City of South Bend get the cash return from the utilization entered into with Metro Net. He advised that more public awareness is needed. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ATE T(1T 1RNlViF.NT There being no further business to come before the Council, President Rouse adjourned the meeting at 8:50 p.m. ATTEST: ATTEST: John Voorde, City Clerk Timothy A. Rouse, President 16