HomeMy WebLinkAbout06/25/07 Council Meeting MinutesREGULAR MEETING
JUNE 25, 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, June 25, 2007 at 7:00
p.m. The meeting was called to order by Council President Rouse and the Invocation and
Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present Derek D. Dieter
Charlotte Pfeifer
Roland "Randy" Kell
Ann Puzzello
David Varner
Ervin Kuspa
Al "Buddy" Kirsits
Timothy Rouse
Karen L. White
1st District
2nd District
y 3rd District
4th District Vice-President
5th District
6th District
At-Large
At-Large President
At-Large Chairperson Committee of the Whole
OTHERS PRESENT:
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice L Talboom Deputy City Clerk
Kathleen Cekanski-Farrand Council Attorney
REPORT FROM THE SUB-COMIyIITTEE ON MINUTES
To the Common Council of the City of South Bend: The sub-committee has inspected
the minutes of the June 11, 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 Puzzello made a motion that the minutes of the June 11, 2007 meeting of
the Council be accepted and placed on file. Councilmember Dieter seconded the motion
which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
Council President Rouse welcomed Councihnember Roland "Randy" Kelly to the
Council.
RESOLUTION NO. 3759-07
A RESOLUTION OF THE CONIMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA ADOPTING A
WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE
TOWNSHIP, PULLING AND U.S. 31
ANNEXATION AREA
REGULAR MEETING JUNE 25, 2007
WHEREAS, there has been submitted to the Common Council of the City of
South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which
proposes the annexation of real estate located in Centre Township, St. Joseph County,
Indiana, which is more particularly described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately
0.75 acres of vacant land, which is at least 12.5% contiguous to the current City limits,
i. e., approximately 22.24% contiguous, generally located at the Northeast corner of
Pulling Street and US 31 South It is anticipated that the annexation area will be
developed for uses applicable under the Commercial Business zoning classification as
defined by the City of South Bend's Zoning Ordinance, and as a parking lot. This
development will require a basic level of municipal public services of anon-capital
improvement nature, including police and fire protection, street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a
capital improvement nature, including street and road construction, sidewalks, street
lighting, a sanitary sewer system, a water distribution system, and a storm water system
and drainage plan; and
WHEREAS, the South Bend Common Council now desires to establish and adopt
a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a
non-capital nature, including police and fire protection, street and road maintenance,
street sweeping, flushing, and snow removal, and sewage collection, and other non-
capital services normally provided within the corporate boundaries; and services of a
capital improvement nature including street and road construction, street lighting, a
sanitary sewer extension, a water distribution system, and a storm water system to be
furnished to the territory to be annexed (2) the method(s) of financing those services; (3)
the plan for the organization and extension of those services; (4) that services of a non-
capital nature will be provided to the annexed area within one (1) year after the effective
date of the annexation, and that they will be provided in a manner equivalent in standard
and scope to similar non-capital services provided to areas within the corporate
boundaries of the City of South Bend, regardless of similar topography, patterns of land
use, and population density; (5) that services of a capital improvement nature will be
provided to the annexed area within three (3) years after the effective date of the
annexation within the same manner as those services are provided to areas within the
corporate boundaries of the City of South Bend regardless of similar topography, patterns
of land use, or population density, and in a manner consistent with federal, state and local
laws, procedures, and planning criteria, and (6) the plan for hiring the employees or other
governmental entities whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the City of South Bend Board of Public Works and Board of Public
Safety have each approved a written fiscal plan and established a policy which the
Common Council finds to be appropriate and in the best interests of the City and, which
it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section L It is in the best interest of the City of South Bend and the area proposed
to be annexed that the following described real property located in Centre Township, St.
Joseph County, Indiana, be annexed to the City of South Bend:
That part of the Southwest Quarter, of the West Half of Section 36,
Township 37 North, Range 2 East, Centre Township, St. Joseph County,
Indiana which is described as follows:
Beginning at a point 13.88 feet south of the southwest corner of Lot 232 of
Gilmer Park Addition and the east right-of--way line of U. S. 31, also being
the City limits of the City of South Bend, IN; thence east and parallel to
the south line of said Lot 232 to the east line of the first north south alley
REGULAR MEETING
JUNE 25, 2007
east of said U. S. 31; thence south along the east line of said north/south
alley to the north right-of--way line of Pulling Street, also being the
northwest corner of Lot 148 of Gilmer Park Addition; thence west along
the south right-of--way line of Pulling Street to the east right-of--way line of
U. S. 31, also being the City limits of the City of South Bend; thence north
along said right-of--way line to the point of beginning.
Section IL That it shall be and hereby is now declared and established that it is
the policy of the City of South Bend, to furnish to said territory services of anon-capital
nature, such as police and fire protection, street and road maintenance, street sweeping,
flushing, and snow removal, within one (1) year of the effective date of the annexation in
a manner equivalent in standard and scope to services furnished by the City to other areas
of the City regardless of similar topography, patterns of land utilization, and population
density; and to furnish to said territory, services of a capital improvement nature such as
street and road construction, sidewalks, a street light system, a sanitary sewer system, a
water distribution system, a storm water system and drainage plan, within three (3) years
of the effective date of the annexation in the same manner as those services are provided
to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density.
Section III. That the South Bend Common Council shall and does hereby now
establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part
hereof, for the furnishing of said services to the territory to be annexed, which provides,
among other things, that a City water connection will be required payable by the
developer; that a sewer extension will be required to service this area when developed, at
the developer's expense; that street lighting and parking will be installed at the
developer's expense; and that a street drainage plan will be also be planned, provided and
paid for by the developer subject to compliance with state and local law.
Section IV. It is required as a condition of annexation that neo-traditional
building/site design elements be included in terms of context, setback, orientation,
spacing, style, massing, height, entry, fenestration, materials, accessory buildings,
landscape buffering and lighting that achieve development and design of the highest
possible quality. It is required that the annexation area integrate harmoniously with the
surrounding residential areas to the east.
It is further required as a condition of rezoning and annexation that the owner
procure and pay for a traffic impact analysis of the proposed development and site plan to
determine what roadway modifications and intersection controls are necessary and
sufficient to facilitate safe and orderly traffic movements, with all such necessary
construction modifications to be paid by the developer. Building plans and other
information to satisfy these requirements must be submitted by the developer to the City
as part of the development review process. Failure to comply with all the conditions may
result in the City's repeal of annexation.
Section V. This Resolution shall be effective from and of the date of adoption by
the Common Council and approval by the Mayor.
Adopted the 25~` day of June, 2007.
s/Timothy A. Rouse
Member of the Common Council
Councihnember Kirsits, Chairperson, Zoning and Annexation Committee, reported that
this committee held a Public Hearing on this bill this afternoon and voted to send it to the
full Council with a favorable recommendation.
Mr. Jeff Vitton, Annexation Planner, Division of Community Development, 12~` Floor
County-City Building, South Bend, Indiana, made the presentation for this bill.
REGULAR MEETING JUNE 25, 2007
Mr. Vitton advised that this bill proposes to voluntarily annex contiguous territory in
Centre Township to the City of South Bend. The resolution indicates the approval and
adoption by the Common Council of the written plan and policy attached thereto
concerning the provision of services, both capital and non-capital in nature, to the
territory to be annexed. This annexation is a 0.75 acre parcel generally located at the
northeast corner of Pulling Street and U. S. 31 South. Mr. Vitton further advised that on
page nine (9) and ten (10) of the fiscal plan that additional development criteria is
required in the context of City Plan and has been satisfied in this resolution. Mr. Vitton
noted that the site contains no buildings, and has an "off-premise sign" as defined by the
City of South Bend Zoning Ordinance that is commonly referred to as a billboard. The
land is slated for uses applicable under community Business, which for illustrative
purposes only includes the following: automotive uses, clothing service, food sales and
service, office and professional services, personal services, and retail. The site is zoned
"R" Residential is unincorporated St. Joseph County. It is proposed to be zoned "CB"
Community Business upon approval of the City Council and incorporation into the City
of South Bend. The sanitary sewer service on the boundary of the Annexation Area is an
eight inch diameter sewer on the west side of U. S. 31. There is an existing eight inch
diameter sewer on Detroit Street to the south of this site that could be extended to serve
this area. Either sewer has adequate capacity to serve this annexation area. Public sewer
extensions, at developer expense, will be necessary to serve any new lots created by
future subdivision of this annexation area, if any. No capital expenditure would be
needed for those facilities as a result of this annexation. Revenues from the development
of the site will be sufficient to provide sewage collection and treatment services to the
site. There is no current water service available to the Annexation Area, but South Bend
Water Works has the property surrounded with water mains in all four directions. There
is adequate capacity at each of the water mains but the distances vary to the Annexation
Area. The closest water is on the southwest corner of Pulling and U. S. 31 South The 8"
water main terminates at a fire hydrant near the corner so any connection should be made
west of the hydrant. A bore under the highway would be necessary and the total length
of pipe to the property is 175 feet. North of the Annexation Area, water is available at
Yoder and U. S. 31 South. The highway has limited right of way so the alley may be the
best option to install water main. Total distance from Yoder to the Annexation Area
along the alley is about 750 feet. Water is available at 31 and Lucinda to the south of the
Annexation Area. The highway has limited access and the alley also has some
restrictions. The best option may be a combination of road and alley. The total distance
is about 1600 feet. East of the Annexation Area is the Royal Oak Subdivision. Water is
available on Pulling west of Buckhorn Drive about 2000 feet from the Annexation Area.
Any option has flaws so Water Works will consider any secondary advantages (such as
proving service to future annexation areas.) Water Works will also need to determine if
there are other utilities in the public right of way along any of the routes. Extensions, of,
or taps into sanitary sewer and water lines are governed by LC. 36-9-22-2, LC. 8-1.5-3
and LC. 8-1.5-4 and the rules and regulations of the South Bend Water Works and Sewer
Utility. Additional revenues to the General Fund from this Annexation Area will be more
than sufficient to pay for street light operations. No waivers of annexation are in effect
from the Annexation Area. The Indiana Department of Transportation maintains and
operates U. S. 31. There is no expense to the City of South Bend to maintain this
roadway. Drainage facilities will be required to be constructed by the developer and
meet the latest City of South Bend standards upon development. The Annexation Area
would be expected to be added to the already existing Beat 15. Police patrols, traffic
enforcement, and emergency response will be part of the services the City will offer to
this area. This proposed annexation would require officers to cover a relatively small
additional area to this beat. However, due to the nature of the type of use proposed, calls
for service can increase at any time for various reasons. At this time it is not expected
that this annexation would cause calls for service to increase significantly and it is not
anticipated that it will be necessary to increase police patrols beyond the already existing
beat patrol at this time. The area under consideration is not expected to cause any
unusual problems. At the present time the cost for servicing the proposed area is not
expected to impact the existing budget of the Police Department with any significance.
However, this area, as well as all other areas of the City, will continually be monitored
for level of service demands and other criteria that would necessitate additional resources
through budgetary increases or possibly shifting of existing resources, such as a beat
REGULAR MEETING JUNE 25, 2007
restructure. Police services and response time in this area can be expected to be
comparable and consistent with that as in all other areas of the City. Police coverage to
this area could begin immediately upon annexation and coordination of the conversion of
the 911 emergency phone systems for that area. The City proves a fully staffed, full time
fire department housed in 11 fire stations strategically located throughout the city. The
Annexation Area will be serviced primarily by Station #10, located at 5301 York Road,
approximately 2.1 miles away. Additional Fire Departments units would respond from
Fire Station #8 located at 2402 Twyckenham Drive which is approximately 3.5 miles
away. The South Bend Fire Department does not foresee any unusual fire protection
problems related to this annexation. Response times will be comparable to other areas of
the City. No additional equipment will need to be purchased or personnel hired to service
the Annexation Area. Adequate water supply will be necessary as development takes
place. The Fire Department will continue to review and monitor response times in this
area and make necessary recommendations to improve response times that are
comparable to other areas of the City. The City, under contract with St. Joseph County,
provides emergency medical response to the unincorporated areas of St. Joseph County.
Of the seven ambulances currently in service, 3 are dedicated for response to the
unincorporated areas. These are Medic Units # 10, 11, and 12. The Annexation Area is
currently being serviced by Medic #10, located at Fire Station #10 at 5303 York Road.
Upon incorporations, the Annexation Area will be serviced by Medic #1, also located at
Fire Station # 10. Emergency medical response will continue to be provided by the City
of South Bend. Response times will be comparable to other areas of the City. No
additional equipment will need to be purchased or personnel hires to service the
Annexation Area. The City of South Bend provides a wide range of services including
the Mayor's Office, Legal Department and the Park & Recreation Department. These
services are available upon the effective date of the Annexation. Full and dedicated
response for non-capital services will be in place within one year of the effective date of
the Annexation. Costs for these services have not been calculated. The incorporation of
the Annexation Area will not effect the provision of other services currently provided to
this property on a county-wide basis. The St. Joseph County Health Department, the St.
Joseph County Public Library, the Area Plan Commission and the St. Joseph
County/South Bend Building Department are some of the county-wide agencies and their
services that will continue to provide the same type and level of services to the
Annexation Area. County-wide services will continue to be supported by the County and
Township tax rates that will remain in effect. As with any new development, the
proposed use and development of this site becomes important relative to its relationship
with the existing, surrounding uses. City Plan, South Bend's comprehensive plan, notes
that land use relationships, pedestrian movement safety and vehicular site access are
important elements to be addressed in developments of all kinds. City Plan also
expresses a need to consider how buildings relate to the street. Building design that is
sensitive to massing, shape, scale and fmishes will ensure that private development will
enhance and reinforce the City's commitment to development and design of the highest
quality. Mr. Vitton advised that given the surrounding zoning and development patterns,
the proposed "CB" zoning classification request is appropriate for the annexation area.
However, more detailed land use planning is needed for areas to the south and north of
Kern Road to ensure that future development occurs in a coordinated fashion.
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 Kirsits made a motion to adopt this
Resolution. Councilmember Dieter seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLVE INTO THE COMIyIITTEE OF THE WHOLE
At 7:15 p.m. Councilmember Dieter 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. Councilmember White, Chairperson, Committee of the Whole, presiding.
REGULAR MEETING
JUNE 25, 2007
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 may be found on the railing in the Council
Chambers explaining those procedures.
PUBLIC HEARINGS
BILL NO. 19-07 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ANNEXING
TO AND BRINGING WITHIN THE CITY
LIMITS OF SOUTH BEND, INDIANA,
AND AMENDING THE ZONING
ORDINANCE FOR PROPERTY
LOCATED IN CENTRE TOWNSHIP
CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT 6, THE
GENEVA HAMILTON TRUST,
CLIFFORD HAMILTON, POA,
NORTHEAST CORNER OF PULLING
STREET AND US 31 SOUTH
Councilmember Kirsits made a motion to hear the substitute version of this bill.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that
this committee met on this bill this afternoon and voted to send it to the full Council with
a favorable recommendation.
Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building,
South Bend, Indiana, presented the report from the Commission.
Mr. Lyons advised that the petitioner is requesting a zone change from R Single Family
District and C Commercial (County) to CB Community Business District (City) to allow
uses allowed in the CB Community Business District. On site is a billboard zoned R
Single Family District and undeveloped property zoned C Commercial. To the north is
an animal clinic zoned C Commercial. To the east are single family houses zoned R
Single Family District. To the south across Pulling Street is undeveloped property and a
church zoned R Single Family District. To the west across U. S. 31 is a vacant building
zoned CB Community Business District (City.) The "CB" Community District is
established to provide a location for high volumn and high intensity commercial uses.
Activities in this district are often large space users which may include limited amounts
of outdoor sales or outdoor operations. The site is approximately 0.75 acres. There is a
proposed approximately 3600 square foot building with seventeen (17) proposed parking
spaces. The site plan shows one access point off of Pulling Street. Type B perimeter
landscaping is required along the southern and eastern lot line. Variances will be
required for parking within the front setbacks, as well as, an access drive within a
residential buffer yard. The trend in the area is commercial. U. S. 31 has four lanes and a
center turn lane. Pulling Street has two lanes. The site will be required to connect to
municipal sewer and water upon development. The City of South Bend, City Plan,
November 2006, Land Use Policy LU 6.1: Promote orderly and planned growth that
expands outward form the current city limits. The rezoning is consistent with the
comprehensive plans Land Use Policy. The future land use map identifies the area on the
East side of U. S. 31 as a combination of low density residential and office/commercial.
The proposed U. S. 31 expressway will be located directly west of this site. The rezoning
does not conflict with the Future Land Use Map. There is a billboard on this site. The
most desirable use for the property is office/commercial. The surrounding residential
REGULAR MEETING JUNE 25, 2007
property values may be affected by the rezoning. The required buffering and screening
will help to reduce any negative effects of this rezoning. It is responsible development
and growth to allow the in-fill commercial rezoning along existing commercial corridors.
Based on information available prior to the public hearing, the staff recommends that the
petition be sent to the Common Council with a favorable recommendation. The proposed
land use is compatible with the commercial uses to the west and north along U. S. 31.
The rezoning is a logical expansion within the U. S. 31 commercial area. It is unlikely
this property would be developed for residential purposes. Proper screening should
adequately buffer the adjacent residential areas to the east.
Mr. Clifford Hamilton, 20909 W. Ireland Road, South Bend, Indiana, made the
presentation for this bill.
Mr. Hamilton advised that he would like to sell this property as expeditiously as possible.
Mr. Hamilton stated that his mother Geneva Hamilton is in poor health and needs to be in
a health care facility to allow continued medical attention.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill as substituted. Councilmember
Dieter seconded the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 34-OS PUBLIC HEARING ON A BILL
AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN THE 3400
BLOCK OF NORTHSIDE BOULEVARD,
SOUTH BEND, INDIANA,
COUNCILMANIC DISTRICT #3 IN THE
CITY OF SOUTH BEND, INDIANA
Councilmember Puzzello made a motion to continue this bill until the July 23, 2007
meeting of the Council. Councilmember Dieter seconded the motion which carried by a
voice vote of nine (9) ayes.
BILL NO. 36-07 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
APPROPRIATING $203,000 FROM THE
COUNTY OPTION INCOME TAX FUND
(FUND 404) FOR THE PURPOSE OF
CONTINUING THE MAIN/LAFAYETTE
CROSSOVER PROJECT
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this Committee held a Public Hearing on this bill and sends it the Council
with a favorable recommendation.
Mr. Bill Schalliol, City of South Bend, Department of Community and Economic
Development, 12a` Floor County-City Building, made the presentation for this bill.
Mr. Schalliol advised that this bill would appropriate $203,000.00 from the County
Option Income Tax fund to continue the Main/Lafayette Crossover project. These funds
are needed to continue the planning, acquisition, and project development. This will
REGULAR MEETING JUNE 25, 2007
provide better access to Erskine Common and improve traffic circulation and safety at the
connection of Main and Lafayette Streets between Ireland and Chippewa.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Puzzello seconded
the motion which carried by a voice vote of nine (9) ayes.
BILL NO. 37-07 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING
ORDINANCE NO. 9672-06 ENTITLED
AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE
ACQUISITION AND INSTALLATION OF
CERTAIN IMPROVEMENTS TO THE
CITY'S SEWAGE WORKS, THE
ISSUANCE AND SALE OF
ADDITIONAL REVENUE BONDS TO
PROVIDE FUNDS FOR THE PAYMENT
OF THE COSTS THEREOF, AND THE
COLLECTION, SEGREGATION AND
DISTRICT OF THE REVENUES OF
SUCH SEWAGE WORKS AND OTHER
RELATED MATTERS
Councilmember Kuspa, Chairperson, Utilities Committee, reported that this committee
held a Public Hearing on this bill this afternoon and voted to send it to the full Council
with a favorable recommendation.
Mr. Charles Leone, City Attorney, 14~` Floor County-City Building, South Bend, Indiana,
made the presentation.
Mr. Leone advised that this bill would amend previously enacted Ordinance No. 9672-06
which authorized sewage works improvements and the issuance of revenue bonds not to
exceed $56,380,000. The bonds authorized by Ordinance No. 9672-06 were sold to the
Indiana Bond Bank pursuant to the State Revolving Loan Program (SRF Program.) The
City has learned that certain amendments to the original ordinance are required which
relate to obtaining consent of the Indiana Finance Authority.
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 Dieter made a motion for favorable
recommendation to full Council concerning this bill. Councilmember Kuspa seconded
the motion which carried by a voice vote of nine (9) ayes.
REGULAR MEETING
JUNE 25, 2007
BILL NO. 35-07 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 14 OF THE
SOUTH BEND MUNICIPAL CODE TO
ADD A NEW SECTION 2-170.10
ESTABLISHING ANON-REVERTING
"MORRIS PERFORMING ARTS CENTER
AND PALAIS ROYALE MARKETING
FUND"
Councilmember Dieter made a motion to hear the substitute version of this bill.
Councilmember Varner seconded the motion which carried by a voice vote of nine (9)
ayes.
Councilmember Puzzello, Chairperson, PARC Committee, reported that this committee
held a public hearing on this substitute bill this afternoon and voted to send it to the full
Council with a favorable recommendation.
Mr. Dennis Andres, Executive Director, Morris Performing Arts Center/Palais Royale,
211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill.
Mr. Andres advised that this bill would establish anon-reverting marketing fund for the
Morris Performing Arts Center and Palais Royale for funds generated from the sale of
promotion sponsorships such as commercial ads on ticket envelopes and Morris marquee
sponsorships; and to accept donations to the Morris Performing Arts Center and Palais
Royale.
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 Puzzello 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 nine (9) ayes.
BILL NO. 39-07 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH END, INDIANA, AMENDING
CHAPTER 13 OF THE SOUTH BEND
MUNICIPAL CODE REGULATING
CONSUMER FIREWORKS
Councilmember White, Chairperson, Health and Public Safety Committee, reported that
this committee held a meeting this afternoon and voted to send it to the full Council with
a favorable recommendation.
Mayor Stephen Luecke, 14a` Floor County-City Building, South Bend, Indiana, made the
presentation for this bill.
Mayor Luecke advised that this bill would amend Chapter 13, Article 4, Section 13-59 of
the South Bend Municipal Code regarding consumer fireworks to add definitions,
prohibit use on certain days and during certain times, and add fines for violations. The
unrestricted use of consumer fireworks has become a quality of life issue for South
Bend's, residents. This year the Indiana General Assembly has granted cities the power
to regulate the times and days for use of fireworks.
This being the time heretofore set for the Public Hearing on the above bill, proponents
and opponents were given an opportunity to be heard.
REGULAR MEETING
JUNE 25, 2007
Mr. Robert Holmer, 127 N. Sheridan, South Bend, Indiana, spoke in favor of this bill
Mr. Holmer advised that he would like to see the ban of fireworks altogether. He stated
that they pollute the air quality and violate the clean air act.
Mr. Jerry Niezgodski, 2930 Bonds, South Bend, Indiana, asked whether the violation
must be witnessed by a police officer.
In rebuttal, Mayor Luecke responded to Mr. Holmer's comments and advised that State
Law rules and this bill mimic's the recently passed legislation by the State. In reference
to Mr. Niezgodski's question, tickets must be witnessed and issued by a police officer.
Councilmember's Kirsits, Pfeifer and Varner offered their comments on this bill. They
encouraged public awareness on this issue.
There was no one present wishing to speak in opposition to this bill. Additionally,
Councilmember Varner made a motion for favorable recommendation to full Council
concerning this bill. Councilmember Dieter seconded the motion which carried by a
voice vote of nine (9) ayes.
RISE AND REPORT
Councilmember Pfeifer made a motion to rise and report to the full Council.
Councilmember Dieter seconded the motion which carried by a voice vote of nine (9)
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 7:40 p.m. Council
President Tim Rouse presided with nine (9) members present.
BILLS -THIRD READING
ORDINANCE NO. 9765-07 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 PROPERTY LOCATED IN CLAY
TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC
DISTRICT 4, DOUGLAS ROAD
PARTNERS, L.P., 17253 & 17295
DOUGLAS ROAD, SOUTH BEND,
INDIANA
10
REGULAR MEETING JUNE 25, 2007
This bill had third reading. Councilmember Puzzello made a motion to amend this bill as
it was in the Committee of the Whole. Councilmember Dieter seconded the motion
which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter
made a motion to pass this bill as amended in the Committee of the Whole.
Councilmember Varner seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
ORDINANCE NO. 9766-07
AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA
APPROPRIATING $203,000 FROM THE
COUNTY OPTION INCOME TAX FUND
(FUND 404) FOR THE PURPOSE OF
CONTINUING THE MAIN/LAFAYETTE
CROSSOVER PROJECT
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
ORDINANCE NO. 9767-07
AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AMENDING
ORDINANCE NO. 9672-06 ENTITLED
AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE
ACQUISITION AND INSTALLATION OF
CERTAIN IMPROVEMENTS TO THE
CITY'S SEWAGE WORKS, THE
ISSUANCE AND SALE OF
ADDITIONAL REVENUE BONDS TO
PROVIDE FUNDS FOR THE PAYMENT
OF THE COSTS THEREOF, AND THE
COLLECTION, SEGREGATION AND
DISTRICT OF THE REVENUES OF
SUCH SEWAGE WORKS AND OTHER
RELATED MATTERS
This bill had third reading. Councilmember Dieter 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. 9768-07
AN ORDINANCE OF THE
COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 14 OF THE
SOUTH BEND MUNICIPAL CODE TO
ADD A NEW SECTION 2-170.10
ESTABLISHING ANON-REVERTING
"MORRIS PERFORMING ARTS CENTER
AND PALAIS ROYALE MARKETING
FUND"
This bill had third reading. Councilmember White made a motion to amend this bill as it
was in the Committee of the Whole. Councilmember Dieter seconded the motion which
carried by a voice vote of nine (9) ayes. Additionally, Councilmember Dieter made a
motion to pass this bill as amended in the Committee of the Whole. Councilmember
11
REGULAR MEETING
JUNE 25, 2007
Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9)
ayes.
ORDINANCE NO. 9769-07 AN ORDINANCE OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING
CHAPTER 13 OF THE SOUTH BEND
MUNICIPAL CODE REGULATING
CONSUMER FIREWORKS
This bill had third reading. Councilmember White made a motion to pass this bill.
Councilmember Dieter seconded the motion which carried. The bill passed by a roll call
vote of nine (9) ayes.
RF 4ClT .T iTTflN4
RESOLUTION NO. 3760-07 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 721 N.
COLLEGE, SOUTH BEND, INDIANA
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council
to give notice pursuant to Indian Code Section 5-14-1.5-5, of its intention to consider
Petitions from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after
the Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing
on such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a
recommendation, pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
Section L The Common Council has provided notice of the hearing on the
Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5.5,
requesting that a Special Exception be granted for the property located at:
721 N. College, South Bend, Indiana 46619
In order to permit the construction of a 195' wireless telecommunications tower.
Section IL Following a presentation by the Petitioner, and after proper public
hearing, the Common Council hereby approves the petition of the South Bend Board of
Zoning Appeals, a copy of which is on file in the Office of the Clerk.
Section III. The Common Council of the City of South Bend, Indiana hereby
finds that
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
12
REGULAR MEETING
JUNE 25, 2007
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in which
it is located and the land uses authorized therein: and
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan.
Section IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Board of Zoning Appeals which are of file in the office of
the City Clerk.
Section V. The 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
Councilmember Kirsits, Chairperson, Zoning and Annexation 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.
Mr. Don Fozo, C.B.O., Building Commissioner, St. Joseph County/City of South Bend,
125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, present the Board of Zoning
Appeals report.
Mr. Fozo advised that the petitioner Horvath Communication is seeking a Special
Exception to construct a 195' monopole wireless communications tower, on property
located at 721 N. College. The property is zoned "LF' Light Industrial. Mr. Fozo noted
that there were two remonstrators at the BZA meeting who spoke on behalf of their
mother who lives within one hundred feet (100') of the proposed tower. Mr. Fozo further
advised that the Board of Zoning Appeals heard this bill at its Apri119, 2007 meeting and
sends it to the Council with a favorable recommendation.
Councihnember Rouse asked Mr. Fozo how many cell towers are within that area.
Mr. Fozo stated that he could not answer that question at this moment, and referred to the
petitioner. Mr. Fozo noted that his office does keep that information and he could get a
copy of a map that shows where cell towers are located in St. Joseph County and the City
of South Bend.
Mr. John Falvey, Attorney for Horvath Communications, Inc., made the presentation for
this bill.
Mr. Falvey advised that the petitioner Horvath Communications, Inc., is an Indiana
Company based in South Bend. Their founder Jackie Horvath is a proud graduate of
South Bend Clay High School and has been in business for 11 years and has built more
than 150 towers in 13 states. This particular site at 721 N. College is designed to fill a
gap in the coverage of Sprint's affiliate IPCS. Sprint came to Horvath Communication
who is a tower company not a cellular carrier and asked them to find a location suitable
for them to put their equipment because they had a significant gap in their coverage there.
This tower will serve the public and fill a public need and provide reliable service and
E9ll coverage in that area. For the record about 240,000 E9ll calls are made everyday,
that is more than 50% of all 911 calls. Another benefit of this tower is that Horvath
provides free space on its towers for public safety and law enforcement use. This tower
will be designed as is required by the ordinance to be a four carrier tower. That means in
addition to Sprint who is the anchor tenant, there will be room to add three additional
tenants on the site, therefore, reducing the need for additional sites in the area. The site is
currently owned by Mr. Bob Shultz, owner Monarch Textile Rental Services. Mr. Falvey
13
REGULAR MEETING JUNE 25, 2007
stated that the petitioner originally looked at property directly across the street, however,
it was determined to be a historic site and could not be used. Essentially, because of
where Sprint wanted coverage in the Lincolnway West Area and to the residents north of
Lincolnway West, Horvath had to really thread the needle, because there is not a lot of
industrial or commercial property in that area, it is mostly residential. Horvath was
limited in their options as far as finding a location, and they believe that they have found
a very suitable site considering the particular character of that district. All the uses right
around the site are commercial and industrial, the north and west properties are also
owned by Monarch as well. Mr. Falvey further noted that Horvath Communications has
met or exceeded all the requirements of the Special Exception Use in the Zoning
Ordinance. The proposed tower would be in a wide industrial district and not injure or
change the character of any of the surrounding area, in fact it is compatible with the
surrounding industrial and commercial uses. This would not interfere with anyone's use
of their property in the vicinity of the tower. This project will not cost the City of South
Bend any money. A cell phone is not a novelty item any longer, approximately ten
percent of households have cell phone only. Among people age thirty and under that is a
greater percentage. Most recently in the national news, victims of crime, have been
located using cell phone triangulation, the tragedy at Virginia Tech has spawned many
ideas about using cell phones to warn students, including right here in this Community, at
Notre Dame and Holy Cross and he is sure IUSB will follow. A cell phone is not a
luxury item it is a necessity, it is an essential service and it really is a public safety issue.
Byron Moore, 12668 Bonaventure Avenue, Engineer, contracting with IPCS Wireless.
Mr. Moore stated that IPCS provides wireless service, voice and data services to the
South Bend Area. They were looking for a location to improve a coverage gap. Their
goal was to improve coverage in this area. They have a significant number of dropped
calls from their mobile users, customer complaints from users and was determined that
there was a coverage deficiency in this area to provide wireless mobile or data services to
this area. They have been looking for a site in this area for the last several years. Mr.
Moore stated that they are looking to locate just this tower, and the height that they were
looking to build the tower is to eliminate any future tower builds. Mr. Moore advised
that he cannot speak to future tower builds but for the immediate need and any
foreseeable future the 195' tower request meets the goal of coverage and eliminates the
need for additional towers in that area. Mr. Moore indicated that they looked at towers
south of this area and tried to obtain coverage for this area, but the tower was inadequate
due to their heights to provide service for this location. Mr. Moore indicated that the
tower at 195' is roughly 14 stories. Mr. Moore stated that Horvath Communication
constructed a cell tower near Ironwood and the Toll Rd. in a commercial district that also
houses a law firm; a dentist office; a church athletic field and facility and a church IPCS
was the anchor tenant on that tower as well and now there are two additional carriers as
well T-Mobile and Centennial have been added since May 2007. So that is one of the
goals that Horvath as a tower company to market the site to have other mobile carriers to
come onto the tower, thereby not needed additional site in the future.
A Public Hearing was held on the Resolution at this time.
The following individual spoke in favor of the bill.
Mr. Tom Shultz, 55280 Butternut Road, South Bend, Indiana, spoke in favor of this bill.
Mr. Shultz advised that he is the owner of Monarch Textile Rental Service. He noted that
Monarch is celebrating their 51 gc year in business. They own nine (9) pieces of property
very close together in the proposed area. Mr. Shultz stated that he takes pride in that they
maintain those nine pieces of property by cutting the grass, and edging the sidewalks.
Mr. Shultz stated that Monarch currently employs seventy (70) people. He stated that he
is in favor of this proposed project. It will be an asset to the neighborhood and improve
the quality of life by being able to dia1911 in an emergency and access the web 24 hours
a day.
The following individuals spoke in opposition to the bill
14
REGULAR MEETING
JUNE 25, 2007
Ms. Lucille Spaulding, 1124 Meade Street, South Bend, Indiana spoke in opposition to
the bill.
Ms. Spaulding stated that she still cannot believe that the tower will be 195'. She stated
that she is here tonight not only as a concerned citizen but also as President of the LaSalle
Area Neighborhood Association. The Neighborhood Association had a discussion
recently about the Horvath Communications proposed cell phone tower. After the
discussion they were opposed to having a cell tower, they have concerns of what this will
do to the neighborhood. The cell tower would affect a lot of people not only in
immediate area but also the surrounding area. The tower would be located just across the
street from the neighborhood association's boundaries, and they feel that it would not
only be detrimental to the neighborhood, but would also affect property values and health
issues from the expose to the cell tower. Various neighborhood associations that border
Lincolnway are also trying to improve the area and having a cell tower at that location
would not be appealing to the area. Just this past weekend three other neighborhood
organizations got together to pick up trash and debris along Lincolnway from Bendix east
to Wilbur Street, atwenty-two (22) block area. The conversation during the clean-up is
that a cell tower at that location would be an isore. Ms. Spaulding urged the Council to
vote unfavorably.
Mr. Jerry Niezgoski, 2930 Bond Avenue, South Bend, Indiana, spoke in opposition to
this bill.
Mr Niezgodski stated that here is representing the Lincolnway West Gateway
Association. Mr. Niezgodski stated that during this whole process of the Special
Exception and working with Horvath Communications, the Association appreciated their
willingness to meet with the neighbors and answer their concerns. The courtesy that
Horvath Communications extended to the neighbors and their professionalism at all times
was very admirable. Mr. Niezgodski stated that the association discussed this issue twice
at two separate meetings. They have some concerns regarding health and the exposure to
radio frequency combined with electromagnetic radiation that we are all getting blitzed
with more and more everyday because of all the cell towers. The association is also
concerned with property values along Lincolnway West. He stated that cell towers bring
down property values as well as create negativity in the housing market. The visual
pollution on a 195' cell tower is going to greatly impact the neighborhood. The
neighborhood associations are trying to rebuild the Lincolnway West Corridor, it's a
tough project to redo; rebuild and revitalize this area and this tower will only have a
negative impact on this rebuild. The association would like to have the tower located
further off of Lincolnway if at all possible.
In Rebuttal, Mr. Falvey stated that the two people speaking in opposition to this bill are
not located with this neighborhood. They are associations that abut this neighborhood.
The Near West side Property of Alliance met with Horvath Communications and they
took a vote on this issue and they are located within the spirit of influence in this
neighborhood and decided to remain neutral on this issue. With regard to the health
issues regarding cell towers that the Federal Communications Act of 1996 indicates
within that law that this body is not to use health effects based on RF admissions as a
factor in making their decision to deny a cell phone tower site. With respect to moving
the location to a site off of Lincolnway, as mentioned prior Horvath Communication did
thread the needle in this case, there are not a lot of available properties in this area that
are not residential, going further south off of Lincolnway, is not feasible in this particular
case. With respect to property values, Charles Hayes built a 280' foot tower on Auten
Road. near the Clay Fire Station, since that time an entire neighborhood several hundred
very nice homes have been built right behind that site. Mr. Falvey stated that that is
purely antidotal, but cell phone towers exist all around this community and all around the
country and there really hasn't been any significant decline in property values or we all
would have heard the outcry. As far as rebuilding and revitalizing and area is to consider
whether or not there is an effective communication system in that area. If you want to
attract businesses and residents to that area, you need to make sure in this day and age
that they have reliable cell phone coverage. Horvath Communication believes that they
will only be enhancing the vitality of this particular area and not detracting from it at all.
15
REGULAR MEETING JUNE 25, 2007
Mr. Moore spoke to the health issues and advised that they are regulated by the
Telecommunication Acts who gives them guidelines to operate by. This will be a very
low power transmitter, they operate out of any given antenna that they have on a tower at
approximately 100 to 200 watts. That equates to literally a couple of 100 watt light bulbs
and surprisingly the only concern and information given by the American Cancer Society
and the FCC are concerns from heat and thermal emissions. Based on the guidelines that
they are to follow, the only concern is in the very immediate proximity to the antenna, a
couple of feet, this would apply to tower climbers or people who are in a crane or bucket
truck working on the antenna. The mobile phones are a different issue, which he won't
address at all tonight.
Councilmember Puzzello questioned why the Council cannot take into consideration the
health issue on this bill.
Mr. Moore stated that the FCC regulates the guidelines regarding cell towers and they felt
the need to educate the public on the health issues of cell towers was vital. The FCC is
going to control and monitor the level of RF emissions and continue to do studies on it,
set the level, and as of now they follow those rules when the equipment is hung on the
tower and that is what they go by. The Telecommunications Act addressed these
concerns and felt that they have addressed those issues.
Kathleen Cekanski-Farrand, Council Attorney, stated that the Federal Communications
Act again limits the authority for local governments and the Federal Authority pre-empts
local decisions "premise directly or indirectly on the environmental effects of radio
frequency emissions." She also in light of Mr. Niezgodski's comments pointed out the
advisory recommendations from the Board of Zoning Appeals, and addressed his concern
with regard to the effect of property values, based on the information that they had at
their public hearing, that they did not find that it would injure or adversely effect. If the
Council would deny this request, the FCC requires that a denial must be in writing
supported by "substantial evidence" in the written record. She further noted that in
Chapter 21 of the South Bend Municipal Code there are certain criteria that is outlined,
the sighting hierarchy, the service plan, whether there is a need for this service, whether
they have met the certification guidelines, which Mr. Falvey addressed at the Zoning and
Annexation Committee meeting, and also the security, which was also addressed at the
committee meeting. The criteria that the Council has established by code is the criteria
that the Council should be addressing, otherwise the Council does not want to get into a
situation that the denial would fall into the category of being arbitrary or capricious. So
as long as the Council feels that they have a written record to support the decision
whether it is yeah or nay, that it is a decision that should go forward.
Councilmember Pfeifer questioned why the Council is even hearing this issue. It seems
like it is just a documentation of information that one of the other departments could take
care of It seems to her like so often thorough legislation is so contradictory. They want
the Council to examine it, but not to do anything. She stated that if people have to live
next to a 195' cell tower and if their impact doesn't mean anything, she can't imagine
anything else that does. She stated that is why we have lawyers and why we go to court,
because she feels that communities have a responsibility to stand up for their neighbors.
She stated that she has every intention of standing up for her neighbors tonight.
Councilmember White stated that she is support of Councilmember Pfeifer and her
concerns. If indeed the Council has no authority then the question becomes why is the
Council even discussing this issue? Even though the neighborhood organizations that
were present here tonight are not directly responsible or have any authority in this
particular area, they do work in collaboration and this is an area that is very important to
the Council At Large. Councilmember White stated that she will not be supporting this
bill.
Councilmember Dieter stated that he believes in his line of work as a police officer, he
estimates at least 50% of the calls that are put through to the South Bend Police
Department are made with cell phones and are calls to report crimes in progress, violent
16
REGULAR MEETING
JUNE 25, 2007
crimes, and gun crimes. He stated that he would really hate to be sitting at Sancome and
Lincolnway and someone called for help at Adams and Humbolt and due to the lack of
communication or dropped calls that they were not able to respond. Councilmember
Dieter stated that he patrols various area of the city quite frequently and doesn't even
notice the towers that are currently out there. He stated that he would be voting in favor
of this bill.
Councilmember Kirsits advised that he is an emergency responder in that area, a lot of
people that live in that area are of the younger generation, and they don't have land line
phones in their homes. They all have cell phones. This area is a light industrial area. He
stated that he doesn't believe that it will ever be totally residential again. He commended
Mr. Shultz and Monarch for their upkeep on their property. He believes that this is a
good project for the area. Councilmember Kirsits reiterated that this is a 195' foot tower;
however after a while it won't be as noticeable as the billboards that are out there causing
their visual pollution.
Councilmember Varner stated that visual pollution like anything else is a relevant thing.
A row of land line phone towers is also visual pollution, and this is the communication of
the future, instead of stringing lines, there will be low power, low watt, cellular; digital
communications. On the health issue, even though the Council cannot specifically
address this, it always comes up, no matter what there is always a concern on the health
side. For the matter of record the entire south side of South Bend/Mishawaka has had for
many years electrical towers and cell towers emitting for years. He doesn't believe at this
time that the health issue is of great concern.
Councilmember Kuspa stated that this is one of the things that we as citizens have to
make exceptions to in the age of electronics. He stated that whether or not you like it, it
is here to stay. Councilmember Kuspa stated that there is a cell tower on the corner of
Western Avenue and Dundee Street, right neat to a residential home, you can open the
window and almost touch the tower. This was a concern at first, but after a while, it just
became part of the scenery. This is the price we pay for living in the technology age.
Councilmember Puzzello stated that she was a member of the BZA for approximately 5
years and they always had criteria that they had to follow when they voted. She stated
that she wouldn't want this project to possibly get voted down and have the Council's
decision questioned and overturned by the FCC. She noted that the location is in an
industrial area and probably won't ever be residential.
Councilmember Kelly stated that he believes that there is a need for this service in that
area. He stated if this tower were located directly next to a residential home, he would
have a problem with that. He noted that the neighborhood association that is directly
affect by this tower voted to remain neutral on the issue, says something positive about
the project. He stated that he will be voting in favor of this bill.
Council President Rouse stated that he just recently went to a conference and when he
checked into the hotel, he asked at the front desk where could he plug his laptop
computer in at. He was told that there was no need, just pick up the phone, dial a code
and he would be connected with service. He stated that this was possible by all the cell
towers that are across this country. Council President Rouse stated that he is not certain
on the location of the tower, he has children and grandchildren in that neighborhood, but
nevertheless, that is the reality of today, and will be taking this into consideration when
he votes on this issue tonight.
Councilmember Dieter made a motion to adopt this Resolution. Councilmember Kirsits
seconded the motion which carried and the Resolution was adopted by a roll call vote of
seven ayes and two nays (Councihnember Pfeifer, White.)
BILL NO. 07-80 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
17
REGULAR MEETING
JUNE 25, 2007
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY
KNOWN AS 202 SOUTH MICHIGAN
STREET FLOORS 1,2,4,5,9 AND 11 TO
14 AS AN ECONOMIC
REVITALIZATION AREA FOR
PURPOSES OF A NINE-YEAR REAL
PROPERTY TAX ABATEMENT FOR
KEY SB, LLC, THE HINMAN COMPANY
Councilmember Puzzello made a motion to continue this bill until the July 23, 2007,
meeting of the Council at the request of the petitioner. Councilmember Dieter seconded
the motion, which carried by a voice vote of nine (9) ayes.
RESOLUTION NO. 3761-07 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE
ISSUANCE OF SCRAP METAL/JUNK
DEALERS/RECYCLING OPERATION
LICENSES FOR CALENDAR YEAR 2007
PURSUANT TO SECTION 4-51 OF THE
SOUTH BEND MUNICIPAL CODE
WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the
regulations addressing the licensing of scrap metal dealers, junk dealers and recycling
operations; and
WHEREAS, on June 13, 2007 the City Business Licensing Auditor provided
written notice to the City Clerk that the following business has been approved for a
Recycling Operations License for the 2007 licensing year; and
Shapiro Sales, 2920 W. Sample St.
WHEREAS, the license applications for the above-referenced business received
favorable recommendations from the Department of Code Enforcement, Fire Prevention
Bureau, Department of Water Works, and the Building Department.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
Section L The license application for the following business is approved in
conformity with South Bend Municipal Code Section 4-51 and based upon the
satisfactory review and inspection of the property by the Department of Code
Enforcement, Fire Prevention Bureau, Department of Water Works, and the Building
Department as evidenced by the Business Licensing Auditor's communication to the City
Clerk dated June 13, 2007:
Shapiro Sales, 2920 W. Sample St.
Section IL This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor.
s/Timothy A. Rouse
Member of the Common Council
Councilmember Pfeifer, Chairperson, Personnel & Finance Committee, reported that this
Committee held a Public Hearing on this bill this afternoon and voted to send it to the full
Council with no recommendation, due to the lack of a petitioner.
18
REGULAR MEETING
JUNE 25, 2007
Mr. Charles E. Clark, License Auditor, Department of Administration and Finance, 12~`
Floor County-City Building, South Bend, Indiana, made the presentation for this bill.
Mr. Clark advised that in accordance with the procedure for the renewal of City
Business/Occupational licenses for the operation of Scrap MetaUJunk Dealers/Recycling
Operations, renewal applications for a business was submitted to the Police Department,
Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building
Department. The property was inspected for Fire Code violations, environmental
violations, proper maintenance of the premises and areas outside the fences, and the
height and condition of the surrounding fencing. The application received favorable
recommendations from all departments.
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 Dieter made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLUTION. NO. 3762-07 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING AND
APPROVING THE EXECUTION OF A
GUARANTEED ENERGY SAVINGS
CONTRACT FOR TRAFFIC SIGNALS
WITH JOHNSON CONTROLS, INC.
WHEREAS, on February 12, 2007, the Common Council of the City of South
Bend ("Council") adopted its Resolution No. 3705-07 thereby appointing the Board of
Works (`Board") and the Department of Public Works of the City of South Bend
("Department") as authorized agents of the Council for purposes of meeting the
provisions required by IC 36-1-12.5 and other Indiana laws leading up to the final review
of and the execution by the Council of a Guaranteed Energy Savings Contract for the use
of LED technology in mechanized traffic signals; and
WHEREAS, on June 11, 2007, the Board adopted its Resolution No. 22-2007
confirming the Board's compliance with IC 26-1-12 and further making its advisory
recommendation to the Common Council of the City of South Bend, Indiana of the
approval of a Guaranteed Energy Savings Contract fro traffic signals with Johnson
Controls, Inc.; and
WHEREAS, on June 11, 2007, the Council adopted its Resolution No. 3758-07
thereby accepting the Board's advisory recommendation, ratifying, confirming and
approving certain actions taken by the Board, and approved the execution of a
Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc. with
such changes as suggested by legal counsel; and
WHEREAS, pursuant to the authority granted by the aforementioned resolutions
of the Board and the Council, the Board's legal counsel has completed negotiations with
representatives of Johnson Control's, Inc. and has recommended the changes which have
been incorporated in the fmal form of agreement that is attached hereto and incorporated
herein as Exhibit 1 ("Contract"); and
WHEREAS, the Council's attorney has reviewed the Contract and recommends
approval of the changes which have been negotiated on the Council's behalf; and
WHEREAS, the Contract has been reviewed by the Council's Public Works and
Property Vacation Committee which has given the Contract a favorable recommendation
to the full Council.
19
REGULAR MEETING
JUNE 25, 2007
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, that
Section 1. The Common Council of the City of South Bend, hereby accepts the
favorable recommendation of the Public Works and Property Vacation Committee that
the Council approve and execute the Energy Savings Contract with Johnson Controls,
Inc., the final form of which is attached hereto as Exhibit 1.
Section 2. The Common Council of the City of South Bend hereby finds that the
contract as described in this Resolution and as presented at this meeting in the best
interests of the City of South Bend.
Section 3. The Common Council of the City of South Bend hereby authorizes
President to sign and the City Clerk to attest to the execution of the documents as
described in this Resolution and as presented at this meeting.
Section 4. The Common Council of the City of South Bend hereby reaffirms its
direction to Board of Public Works that, upon approval and execution of the Energy
Savings Contract by the Council, staff members of the Department of Public Works shall
supervise all work done incidental to the Guaranteed Savings Contract concerning traffic
signals, including the authorization change orders, and continued compliance Indiana
law.
Section 5. The Common Council of the City of South Bend hereby ratifies,
confirms and approves the actions taken by the Board of Public Works, its legal counsel
and the Department of Public Works of the City of South Bend, on behalf of the
Common Council in the negotiation and in the implementation of the Contract.
Section 6. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Adopted this 25~` day of June, 2007.
s/Timothy A. Rouse
Member of the Common Council
Councilmember Varner, Chairperson, Public Works and Property Vacation Committee,
reported that this committee held a Public Hearing on this bill this afternoon and voted to
send it to the full Council with a favorable recommendation.
Mr. Gary Gilot, Public Works Director, Department of Public Works, 13~` Floor County-
City Building, South Bend, Indiana, made the presentation for this bill.
Mr. Gilot advised that this resolution approves the final form the energy savings contract
that has been negotiated on the Council's behalf with Johnson Controls, Inc. By state law
governing energy savings contracts, the Council is the ultimate contracting authority. At
the Council's request, the Board of Public Works and the Department of Public Works
will supervise the work done incidental to the contract.
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, Councihnember Dieter made a motion to adopt this
Resolution. Councihnember White seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3763-07 A RESOLUTION OF THE COMMON
20
REGULAR MEETING
JUNE 25, 2007
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING AN
ORDER OF THE ST. JOSEPH COUNTY
AREA PLAN COMMISSION
APPROVING A CERTAIN
DECLARATORY RESOLUTION AND
AN AMENDMENT TO THE
DEVELOPMENT PLAN FOR THE
AIRPORT ECONOMIC DEVELOPMENT
AREA ADOPTED BY THE SOUTH
BEND REDEVELOPMENT
COMMISSION
WHEREAS, the South Bend Redevelopment Commission (the
"Commission"), the governing body of the South Bend Department of Redevelopment
and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana
Code 36-7-14 (the "Act"), on June 19, 2007, approved and adopted its Resolution No.
2348 (the "Declaratory Resolution"); and
WHEREAS, the Declaratory Resolution (i) designates and declares the
Sample-Ewing Development Area (the "Sample-Ewing Area") and the parcels
commonly referred to as the LaSalle Square Area (the "LaSalle Square Area") and the
Marycrest/Hurwich Area (the °Marycrest/Hurwich Area" and with the LaSalle Square
Area, the "New Areas") as economic development areas; (ii) designates and declares
certain areas within the City of South Bend (the "City") as a consolidated area,
consolidating the Sample-Ewing Area and its allocation area (the "Sample-Ewing
Allocation Area") with and into the Airpart Economic Development Area (the "Airport
Area") and its allocation area ("Allocation Area No. 1 ") to form a consolidated area and a
consolidated allocation area (the entire consolidated area is hereinafter referred to as the
"Consolidated Area"), which shall maintain the base assessment dates that exist for the
respective areas; (iii) designates and declares that the boundaries of the Airport Area
should be further expanded and amended to include the New Areas designated as
Expansion Area No. 23 for the LaSalle Square Area and Expansion Area No. 24 for the
Marycrest/Hurwich Area in the Airport Area and Allocation Area No. 1; and (iv) adopts
an amendment to the Airport Economic Development Area Plan previously adopted by
the Commission to include the Sample-Ewing Area and the New Areas as part of the
Airport Area and Allocation Area No. 1 entitled °Amendment to the Airport Economic
Development Area Development Plan" (the "Plan Amendment"); and
WHEREAS, the St. Joseph County Area Plan Commission, which is the
duly designated and acting official planning body for the City, on June 19, 2007, adopted
and approved a resolution, a copy of which is attached hereto, determining that the
Declaratory Resolution and the Plan Amendment conform to the plan of development for
the City and approving, ratifying and confirming the Declaratory Resolution and the Plan
Amendment, and designated such resolution as the written order of the Plan Commission
approving the Declaratory Resolution and the Plan Amendment as required by Section 16
of the Act (the "Plan Commission Order"); and
WHEREAS, Section 16 of the Act prohibits the Commission from
proceeding until the Plan Commission Order is approved by the municipal legislative
body of the City; and
WHEREAS, the Common Council of the City is the municipal legislative
body of the City and now desires to approve the Plan Commission Order in order to
permit the Commission to proceed with the redevelopment of the Area, as consolidated
and expanded;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of South Bend, Indiana, as follows:
21
REGULAR MEETING JUNE 25, 2007
1. The Plan Commission Order attached hereto is in all respects
hereby approved, ratified and confirmed.
2. The Commission's determination in the Declaratory Resolution
that the Sample-Ewing Area and the New Areas are "economic development areas"
pursuant to the Act is hereby approved.
3. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City, approval by the Mayor, and compliance
with the procedures required by law.
Passed and adopted by the Common Council of the City of South Bend,
Indiana, this 25~` day of June, 2007.
s/Timothy A. Rouse
Member of the Common Council
Councilmember Dieter, Chairperson, Community and Economic Development
Committee, reported that earlier the aggregate Council met with this Committee, and
gave due diligence by discussing the pros and cons, and sends it to the Council with a
favorable recommendation.
Mr. Nick Witwer, Economic Development Planner, Community and Economic
Development, 12~` Floor County-City Building, made the presentation for this bill.
Mr. Witwer advised that this bill will allow for the expansion of the Airport Economic
Development Area to include two new areas, LaSalle Square Shopping Center as well as
surrounding industrial and commercial uses, the Hurwich, Marycrest Area between
Washington and Western Avenue and to consolidate the Sample Ewing Development
Area. The Redevelopment Commission has approved the Declaratory Resolution 2348
on June 19, 2007. The Area Plan Commission has also approved their Resolution 178-
07, concerning the expansion on June 19, 2007.
A Public Hearing was held on the Resolution at this time.
Mayor Stephen Luecke, 14~` Floor County-City Building, South Bend, Indiana, spoke in
favor of this bill.
Mayor Luecke thanked Councilmember Pfeifer and members of the neighborhood
associations surrounding the LaSalle Square Area to have pestered the Administration to
bring additional resources to that underserved area. They believe that not only was it a
good idea but it was a good idea that it should be expanded even beyond the LaSalle
Square Area. He wanted to be very clear tonight that at the top of the list is LaSalle
Square in terms of improvements to be made. This was an opportunity to distribute
dollars from a very successful TIF Area to some commercial and industrial areas that can
use additional resources as well as tying into the Sample Ewing Development area where
they have taken on an extraordinary project with the demolition of the some of the
Studebaker buildings and again have brought outside resources to that, and a little
additional help will be positive for completing that job so that new jobs and new
investment will be seen in that area as well at LaSalle Square and Marycrest Areas.
Councilmember Varner congratulated Councilmember Pfeifer on her diligence and her
perseverance on this project. There has been much discussion on this for a long time and
felt that there was some way to find the resources from a very successful TIF to an area
that is in need of a little attention.
Councilmember Pfeifer thanked the Council and the Administration for their support.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Dieter made a motion to adopt this
Resolution. Councilmember Pfeifer seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
22
REGULAR MEETING JUNE 25, 2007
Councilmember Pfeifer left the meeting at this point.
RESOLUTION NO. 3764-07 A RESOLUTION OF THE COMMON
COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING AN
ORDER OF THE ST. JOSEPH COUNTY
AREA PLAN COMMISSION
APPROVING A CERTAIN
DECLARATORY RESOLUTION AND
AN AMENDMENT TO THE
NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA DEVELOPMENT
PLAN ADOPTED BY THE SOUTH BEND
REDEVELOPMENT COMMISSION
WHEREAS, the South Bend Redevelopment Commission (the
"Commission"), governing body of the South Bend Department of Redevelopment and
the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code
36-7-14 (the "Act"), on June 19, 2007, approved and adopted its Resolution No. 2344
establishing a housing program in the Northeast Neighborhood Development Area (the
"Area"), designated as the "Northeast Neighborhood Development Area Housing
Program," designating and declaring a housing allocation area within the Area as the
"Northeast Neighborhood Development Area, Allocation Area #2" ("Allocation Area No.
2"), and amending the Northeast Neighborhood Development Area Development Plan
entitled °Amendment to the Northeast Neighborhood Development Area Development
Plan" (the "Plan Amendment"); and
WHEREAS, the St. Joseph County Area Plan Commission, which is the
duly designated and acting official planning body for the City of South Bend, Indiana
(the "City"), on June 19, 2007, adopted and approved a resolution, a copy of which is
attached hereto, determining that the Declaratory Resolution and the Plan Amendment
conform to the plan of development for the City and approving, ratifying and confirming
the Declaratory Resolution and the Plan Amendment, and designated such resolution as
the written order of the Plan Commission approving the Declaratory Resolution and the
Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order");
and
WHEREAS, Section 16 of the Act prohibits the Commission from
proceeding until the Plan Commission Order is approved by the municipal legislative
body of the City; and
WHEREAS, the Common Council of the City is the municipal legislative
body of the City and now desires to approve the Plan Commission Order in order to
permit the Commission to proceed with the redevelopment of the Area,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of South Bend, Indiana, as follows:
1. The Plan Commission Order attached hereto is in all respects
hereby approved, ratified and confirmed.
2. This Resolution shall be in full force and effect from and after its
adoption by the Common Council of the City and compliance with procedures required
by law.
PASSED AND ADOPTED by the Common Council of the City of South
Bend, Indiana, this 25TH day of June, 2007.
23
REGULAR MEETING JUNE 25. 2007
s/Timothy A. Rouse
Member of the Common Council
Councilmember Dieter, Chairperson, Community and Economic Development
Committee, reported that this committee held a public hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Bill Schalliol, Economic Development Planner, Community and Economic
Development, 12~` Floor County-City Building, South Bend, Indiana, made the
presentation for this bill.
Mr. Schalliol advised that this resolution allows for the creation of a Housing Program
and an amendment to the Northeast Neighborhood Development Area Development Plan.
On June 19, 2007, the South Bend Redevelopment Commission approved Declaratory
Resolution 2344 and the Area Plan Commission approved Declaratory Resolution 177-
07. Both of these Resolutions related to the declaration and designation of a Housing
Program in the Northeast Neighborhood Development Area.
A Public Hearing was held on the Resolution at this time
Mayor Stephen Luecke, 14~` Floor County-City Building, South Bend, Indiana, spoke in
favor of this bill.
Mayor Luecke advised that he is in favor of this resolution. This bill allows the City to
create a residential TIF. Several years ago, Indianapolis was the only city in the State
that was allowed to use this tool. The State Legislature expanded and set certain criteria
that needs to be met to establish a residential TIF and this area meets this criteria fully.
In addition, this helps the City fund infrastructure that will be important to redevelopment
in the area. It also allows the City to work toward a goal of keeping this neighborhood
that is truly mixed economically, that it is diverse in terms of its racial and ethnic
residents, because a portion of the area within the residential TIF is that triangle
neighborhood to which the City has committed that 30% of the houses in that area will be
available for moderate income residents. He thinks that is an important component of
this residential plan and important component of the redevelopment plan for the
Northeast Neighborhood. Mayor Luecke urged the Council for their favorable
consideration.
A Public Hearing was held on the Resolution at this time.
Councilmember Puzzello asked for clarification on the triangle area.
Mayor Luecke advised that they wanted to include the residential components of the
development in the Northeast Neighborhood. There will be other areas besides the
triangle that are residential in nature.
Bill Schalliol stated that the area in question, actually contemplates the whole TIF
allocation area which includes the Eddy Street Commons Project Phases I and II, the five
points commercial district as well as the triangle. It is part of the statutory requirements
for the development of a housing program or a residential TIF District, 75% of the area
must be for Residential purposes.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Dieter made a motion to adopt this
Resolution. Councilmember Varner seconded the motion which carried and the
Resolution was adopted by a roll call vote of eight (8) ayes.
BILLS -FIRST READING
There were no bills for first reading at this time.
UNFINISHED BUSINESS
24
REGULAR MEETING
JUNE 25, 2007
REPORTS FROM AREA PLAN COMMISSION:
It is noted that the Council is in receipt of a recommendation from the Area Plan
Commission of St. Joseph County, for the following ordinance based on their Public
Hearing held on June 19, 2007:
BILL NO. 26-07 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR 24.345 ACRES GENERALLY
LOCATED BETWEEN ANGELA
BOULEVARD/EDISON ROAD AND NAPOLEON
STREET AND APPROXIMATELY 200 FEET WEST OF
EDDY STREET AND 700 FEET EAST OF DUEY
STREET, EXTENDED, COUNCILMANIC DISTRICT
NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Kirsits made a motion to refer this bill to the Zoning and Annexation
Committee and set it for 2nd Reading and Public Hearing on July 9, 2007 and 3~d Reading
on July 16, 2007 at 7:00 p.m. Councilmember Dieter seconded the motion which carried
by a voice vote of eight (8) ayes.
BILL NO. 29-07 AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 1201 S.
MICHIGAN ST., COUNCILMANIC DISTRICT SIX (6),
IN THE CITY OF SOUTH BEND, INDIANA
Councilmember Dieter made a motion to refer this bill to the Zoning and Annexation
Committee and set it for Public Hearing and Third Reading on July 9, 2007.
Councilmember Varner seconded the motion which carried by a voice vote of eight (8)
ayes.
REQUEST TO WITHDRAW
BILL NO. 24-06 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
CHAPTER 2, ARTICLE 1, SECTION 2-8 OF THE
SOUTH BEND MUNICIPAL CODE BY THE
INCLUSION OF NEW SUB-PARAGRAPH (c~
ADDRESSING PROXY VOTING IN LIMITED
CIRCUMSTANCES BY MEMBERS OF THE COMMON
COUNCIL
BILL NO. 61-06 AN ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA, COMMON COUNCIL APPROVING AND
AUTHORIZING THE DOWNTOWN SOUTH BEND
ECONOMIC IMPROVEMENT DISTRICT AND
REGARDING CERTAIN RELATED MATTERS
Councilmember Varner made a motion to strike Bill Nos. 24-06 and 61-06 at the request
of the petitioners. Councilmember Dieter seconded the motion which carried by a voice
vote of nine (9) ayes.
NEW BUSINESS
There was no new business to come before the Council at this time.
25
REGULAR MEETING JUNE 25, 2007
PRIVILEGE OF THE FLOOR
There was no one present wishing to address the Council at this time.
ADJOURNMENT
There being no further business to come before the Council, President Rouse adjourned
the meeting at 9:12 p.m.
ATTEST:
ATTEST:
John Voorde, City Clerk Timothy A. Rouse, President
26