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HomeMy WebLinkAbout01-10-05 Council Meeting MinutesREGULAR MEETING Be it remembered that the C+ Council Chambers of the Co meeting was called to order l Pledge Co the Flag were give ROLL CALL COUNCILMEMBERS: Present: Derek D. Die Charlotte D. ] Roland Kelly Ann Puzzello David Varner Ervin Kuspa Timothy Ros+ Al "Buddy" F Karen L. Whi Absent: None OTHERS PRESENT: Kathleen Cek John Voorde Mary Beth W Janice I. Talb REPORT FROM THE SUB To the Common Council of minutes of the December I3 them to be canect_ Therefor Councilmember White made January 3, 2005 meetings of seconded the motion which + SPECIAL BUSINESS RESOLUTION NO. 3406-0 WHEREAS, there has bee Indiana, an Ordinance and a annexation of real estate loo described more particularly REGULAR MEETING .TANUARY 10, 20D5 WHEREAS, the territory proposed to be annexed encompasses approximately 1.03 acres of land containing two single family homes, which property is at least 12.5% contiguous to the cun-ent City limits, i.e., approximately 93% contiguous, generally located at the northeast corner of Cleveland Road and Briclc Road. It is anticipated that in the future the annexation area may be developed for either commercial or industrial use, which 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, street lighting, a sanitary sewer system, a water distribution system, a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of anon-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capita] 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 anon-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 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, or population density; (5) Chat the services of a capital improvement nature will be provided to the annexed area within three (3} years after the effective date of the annexation in the same manner as the 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; and (6) tl~e plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Worlcs of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest 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 Che area proposed to be annexed that the following described real property located imGerman Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A part of the Southwest Quarter of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2) East; and the Northwest Quarter of the Northwest Quarter of Section 20, Township Thirty Eight (38) North, Range Two (2) East, all in German Township,'St. Joseph County, Indiana, and more particularly described as: Beginning 220' East of the Southwest comer of the Sbt~thwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (2)East; thence North 200'; thence East 110'; thence South 159.89'; thence East along the north right-of-way line of B~iclc Road 60.21 feet to the Southwest corner of Lot 2 of Daugherty Minor Subdivision; thence North along the west line of said subdivision 165.62 feet to the Northwest corner of said subdivision; thence East along the north line of said subdivision I38.OG feet to the Northeast comer''o said subdivision; thence REGULAR MEETING ,JANUARY 1O,ti„2005 south along the East line of said subdivision 164.94 feet to the Southeast corner of said subdivision; thence West along the South Tine of said subdivision and also being the North right-of-way line of Brick Road 90 feet more or less to a point 80 feet north of the Northeast corner of Lot I of Kiskowski 2nd Miner Subdivision; thence South 80 feet to the Northeast corner of l..ot I of Kislcowski 2nd Minor Subdivision; thence South along the East line of said subdivision ? 11.26 feet to the Southeast corner of said subdivision and also being the North right-of-way line of Cleveland Road; thence in a Northwesterly direction along the North right- of-way line Cleveland Road to the Southwest corner of said subdivision; thence North along the West line of said subdivision to the Northwest corner of said subdivision and also being the South right-of-way line of Briclc Road; thence in a Northwesterly direction 70 feet to a point 330 feet East of the Southwest corner of the Southwest Quarter of Section 17, Township Thirty Eight (38) North, Range Two (?) East, also being on the South line of said Section; thence 110 feet West along the South line of said Section to the point of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of anon-capital nature, such as police and fire protection, street and read maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (I) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said temtory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the sanle manner as Chose 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. Section III. The Catnmon Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the Cenitory to be annexed, which Fiscal Plan provides among other things, that existing water main lines and sewer main lines will be sufficient to service this area, with sewer upgrades to be provided in the future; that no new street lighting will be needed; that no new streets are contemplated at this time for this annexation area; and that runaff from this property is accommodated in the roadside drainage system. Section N. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Charlotte Pfeifer Member of the Common Council Councilmember Kuspa, 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. Larry Magliozzi, Assistant Director, Division of Community Development, 1200 County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this resolution. Mr. Magliozzi, advised that this annexation is a voluntary petition. The parcel to be annexed is 1.03 acres and is Iacated in German Township and sits on the north side of Brick Road, at its intersection with Cleveland Road. All public improvements will be required to be done at the expense of the developer. REGULAR MEETING .YANUARY 10, 2005 This being the time heretofore sat for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr_ Arthur Beall, 23885 Brick Road, South Bend, Indiana spoke in favor of this bill. Mr. Beall indicated that the City of South Bend had approached him and Mr. Gregar to purchase their land to expand the Airport Industrial Park. Mr. Beall stated that this is a voluntary annexation. Mr. Donald Brubaker, 1706 Anderson, South Bend, Indiana, spoke in opposition to this bill. Mr. Brubaker advised that he is opposed to expanding the Airport Industrial Park. He stated that because of aviation fuel leaks into the ground and the location of the Airport are ton close in proximity to residential homes to support expanding the Airport Industrial Park. Mr. Brubaker further advised that he would like to see this bill tabled or continued until further research and studies can be done to avoid ground contamination into nearby residential wells. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember White made a motion to adopt this resolution. Council President Kuspa seconded Che motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:18 p.m., Councilmember Kirsits made a motion to resolve into the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly noted that this is the portion of the meeting in which members of the Council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describe the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attonrey Kathleen Cekanslci-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerlc. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill, which is not subject to a time limit, is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. each such member is limited to five (S) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 4 a~== REGULAR MEETING TANUARY la, 2005 Comments are heard from any members of the public wishing to speak against the bill. each member of the public speakng against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which Che public portion of the hearing is closed. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 89-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINIlVG WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND TN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; JIM & DONNA GREGAR; ARTHUR & NANCY BEALL, 2393I & 23885 BRICK ROAD Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill. to the full Council with a favorable recommendation. Mr.Arthur Beall, 23885 Brick Road, South Bend, Indiana made the presentation for this bill.. Mr. Beall advised the Council that the City had approached them to purchase the above mentioned property for the pruTose of expanding Che airport industrial park and we have voluntarily applied for the annexation into the City as part of this process. This being the tune 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. Councilmember Dieter seconded the motion which carried by a voice vote of nine {9) ayes. BILL NO. 47-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2600 BLOCK OF PRAIRIE AVE., COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, 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 no recommendation. Mr. Andy Videkovich, Planner, Area Plan Commission, l I"' Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. REGULAR MEETING .TANUARY 10, 2005 Mr. Videkovich advised that Che petitioner is requesting a zone change for Parcel I from "SF1" Single Family and Two Family and "LB" Local Business to "LB" Local Business; Parcel II from "SFI" Single Family and Two Family to "MF2" High Density Multi-Family to allow uses permitted under the "LB" Local Business District (Parcet I), and "MF2" High Density Multi- Family (Parcel I>). The site is currently vacant. To the North are single-family homes zoned "SF P' Single-Family and an indust17a1 pant zoned "LI" Light Industrial. To the East is a restaurant zoned "LB" Local Business and single-family homes zoned "SF1" Single-Family. To the South are single-family homes and vacant land zoned "SF1" Single-Family. To the West are single-family homes zoned "SF-1" Single-Family. The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. The "MF2" Multi-Family Residential District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a muftifvnily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on site amenities. The site plan shows an integrated center of offices and retail buildings on Parcel I with its associated parking. There is a 5,000 square foot office building proposed on the west side of Parcel I with its associated parking. There is a 5,000 square foot office building proposed on the west side of Parcel I and two retail buildings totaling 26,220 square feet on the remainder of the parcel. Parcel II consists of a mixture of 12 unit and 8 unit apartment buildings with a total of 328 units. The development meets the requirements for parking and developed recreational space as required by the City of South Bend Zoning Ordinance. The total area to be rezoned is 35.78 acres. In 1994, a portion of this property was rezoned from "A" Residential, "a" height and area to "C" Commercial, "e" height and area for a restaurant. The majority of the property was zoned "A" Residential, "a" height and area prior to the new Zoning Ordinance. Prairie Avenue is a State Highway and any curb cuts will require INDOT approval. This section of Prairie Avenue (S.R.23) is a heavily traveled two lane thoroughfare with a controlled stop at the intersection of Prairie and Locust. Locust is a two lane collector street that primarily serves the sun-ounding residential neighborhoods. This development will connect to municipal water and sewer. The existing restaurant site may be required to provide additional improvements according to the requirements of the Zoning Ordinance for the City of South Bend. A subdivision may be required under the City of South Bend Subdivision Ordinance. Per the City Engineer, a sidewalk will be required along Prairie Avenue. The Comprehensive plan states that medium or high-density mulki-family housing should be located along arterial streets. Goal 3, Objective C also states that direct residential frontage on major arterials shall be discouraged. There are no conflicts with the plan. The site is currently vacant, undeveloped land. There appear to be some small natural wetlands and areas of dense vegetation on the site. There are currently commercial establishments to the east and at the intersection of Prairie Avenue and Locust Road. Because of its location along Prairie Avenue (S.R. 23) and close proximity to several different uses light industrial, commercial, and residential - a mixed use of commercial and residential would be mosC desirable for this area. Multi-family zoning may affect the residential properties in this area. Proper buffering can minimize an adverse affects of the proposed uses an the sutYOUnding properties. The staff believes that this is responsible grawth and development for the area. Development of commercial and high-density residential is encouraged to be focused along major arterials and where municipal services are available. Based on information available pr7or to the public heat7ng the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Mr. Videkovich further advised that the Area Plan Cotnmissiou at its public hearing on Tuesday, September 21, 2004 sent this ordinance to the South Bend Cormnon Council with an unfavorable recommendation with an 8-4 vote. Mr. Anthony M. Zappia, Attorney at Law, 52582 St. Rd. 933 North, South Bend, Indiana, representing the property owners, Bruno & Rosa Cataldo & Teresa M. Bova, made the presentation for this bill. REGULAR MEETING JIANUARY 10, 2005 Mr. Zappia advised that the property owners have submitted their fourth (4~') site plan which does eliminate any access point on to Locust Road in an addition thereto provides single-family residential development as an additional buffer to the neighbors that reside on Locust. The petitioner is seeking is to rezone two (2) parcels of real estate. The first parcel along Prairie Avenue and S.R. 23 is to be "LB" Distr7eC, which is the Local Business District. The preliminary site plan does show that we will have three (3) sets of buildings, those will encompass approximately 31,000 square feet of the area, about 5,000 to 10,000 square feet will be office space and the remaining portion of that will be retail strops. There are two access points from parcel I onto Prairie Avenue. The planning staff did indicate that since Prairie Avenue is a state highway, we would have to go through the Indiana Department of Transportation for curb cut and final state approval. More likely or not they would require deceleration tares and possible a passing blister. What they determine is ultimately what we will follow. The basis of the deceleration lane and passing blister is to meet the requirements of speed that are on Prairie Avenue as well as the safety site distances. Both issues are about safety, and they feel that is very important and one of the key issues with residents of the neighborhood. The front building on parcel I would be connected to City water and City sewer, obviously at the petitioners expense. There is approximately 430 feet distance between the nearest property owner and the property line. The second parcel of land encompasses about 21 acres, this is a reduction from about 29S acres. This is the multi-family or "MF2" District. There will be approximately twenty-four (24) buildings, two-story in height The site will be accessed will be through the "LB" District on Prairie Avenue. Mr. Zappia further noted again, that there is no access onto Locust Road. The planning staff recommended a divided entrance way off of Prairie Avenue, and the petitioner is willing to make modifications to accommodate this recommendation. There is an existing high tension line that tuns in a nozth/south direction it is 165 x 1000 feet, and the petitioner has worked this development around that. Ultimately the development has a recreation area; single family and multi-family and fifty percent (50%) of the entire site is open space. The project has provided a loop street for safety and access for fire and ambulance protection. The drainage requirements will be handled by the petitioner. The Cataldo family has owned the property for fifteen {15) years and have tried to market this particular piece of property as single family and have not been able to sell this property. Mr. Zappia stated that the economic impact of this project is approximately twenty-five million dollars. Mr. Mike Danch, Danch, Harper & Associates, 2422 'Viridian Drive, South Bend, Indiana, advised that he is representing the petitioners Bruno & Rosa Cataldo & Teresa M. Bova and prepared the site plan that is being presented this evening. There were four (4) revisions to the site plan at the request of the Area Plan Commission Staff's request and at the concern of some of the adjacent proper-ty owners. The original plans had access out to Locust Road, the site plan before you is a downsize of the entire project eliminated almost ten (10) acres of ground of multi- family down to the "MF 2" District of approximately 21 acres. NIr. Danch stated that this site has many different Itinds of soils on it, but mostly they are clay and sandy soils, the remonstrators at this afternoon's committee meeting were referring to the soil as marsh or wetlands and have a seasonable high water table over a majority of the site, that is not the case in this project. Mr. Danch also stated that because of the AEP electric lines that run through the easement on this property make this parcel of land almost impossible to develop into single-family lots. Mr. Danch stated that water and sewer will. be per the City standards and at the petitioners cost. Nir. Danch stated that if this project is approved the divided entrance way that comes off of Prairie and into the multi-family and commercial location. Mr. Danch advised that because of the new zoning ordinance that the City now uses for the multi-family district, there are a lot of restrictions that go onto the property that were not there before under the new standards. The requirement for recreational area within the multi-family district of approximately 10% of the project area, and there is also additional set back requirements around the buildings that did not exist before, which again creates an additional buffer from any building to the property lines. The single family area adds an additional 300 foot wide buffer between the project site and the closest single-family lots along Locust Road. REGULAR MEETING CANUARY 10, 2005 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Mike DeCicco, 18307 Cypress Drive, South Bend, Indiana, spoke in favor of this bill. He stated that he has known the Cataldo family personally for over twenty-five years and holds the highest regards for them. The Cataldo family has established a very reputable business. It is because of their hard work and dedication to the City of South Bend that they feel they want to give back to the community. Mr. Jose A. Pedraza, 22797 S.R. 23, South Bend, Indiana, spoke in favor of this bill. He stated that the City of South Bend needs this project because there is a need for multi-family housing in that area. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Don Brubaker, 1706 Anderson, South Bend, Indiana, indicated that the land is not suited to build a project of that magnitude. Mr. Brubaker believes the site should be single-family homes. Ms. Phyllis Ranschaert, 2813 S. Locust Road, South Bend, Indiana, stated that she is concerned about the traffic and crime that would be generated by an apartment complex of that size. She also stated concern about the additional traffic onto Locust Road and that the intersection of Locust and Ireland Road needs a traffic light. Ms. Suzanne Hamilton, 3429 Locust Road, South Bend, Indiana, advised the Council that the infrastructure that is cun-ently in place cannot accommodate a project like this. The development of the area needs to be kept single-family. Nh-. David Pink, 3631 S. Locust Road, South Bend, Indiana, advised that traffic is a problem in that location. He also stated that there should be sample testing done on the soil. `T'here are homes located on Locust Road that have a serious mold & mildew problema , Mr. Mike Thielke, 2526 Prairie Avenue, South Bend, Indiana, stated that this area already has enough mixed use and the project in question does not suit the area. Councilmember Varner stated that the neighbors and the petitioner Mr. Cataldo seem to have personal issues that should not be a part of the decision that is going to be decided tonight. In rebuttal, Mr. Zappia stated that the Cataldo family is well respected in the community and this project fits in with the uses already established in the area. The petitioner has made changes to the project to accommodate the Area Plan Commission staff's recommendations as well as the concerns of the neighbors. iVlr. Zappia asked for the Council favorable recommendation. Col€ncilmember Dieter made motion for favorable recommendation to full Council concerting this bill. Councilmember Ptrzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS KALEY STREET FROM THE NORTH RIGHT OF WAY OF TUCKER DRIVE TO TF1E NORTH PROPERTY LINE OF THE OLIVE STREET PUMPING STATION OWNED BY THE CITY OF SOUTH BEND FOR A REGULAR MEETING TANUARY 10, 2005 DISTANCE OF 725 FEET, MORE OR LESS AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS A PORTION OF TUCKER DRIVE FROM THE WEST RIGHT OF WAY LINE OF KALEY STREET EAST APPROXIMATELY 305 FEET TO THE EXISTING FENCE CROSSING THE R1GHT OF WAY. BOTH STREETS BEING LOCATED WEST OF OLIVE STREET AND SOUTH OF SAMPLE STREET IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Connnittee reported that this committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Mr. William J. Gottlick, Director MRO Purchasing, Steel Warehouse Company, 2722 W. Tucker Drive, South Bend, Indiana, 46624, made the presentation for this bill. Mr. Gottlick advised that Steel Warehouse is petitioning to vacate Tucker Drive and Kaley Street west of the security gate located on Tucker Drive. Both of these streets are dead end and are contiaued with the Steel Warehouse security fencing. Since 1991 Steel Warehouse has maintained these streets and performed all snow removal within the secured property. As Steel Warehouse continues to grow Che abandonment of these streets would enable us to be mote efficient in the use of the cutzent property. Mr. Gary Gilot, Director,' Public Works Department, City of South Bend, Indiana, 1300 County- City Building, South Bend, Indiana, advised that the Board of Public Works sends this bill to the Council with a favorable recommendation. This being the time heretofore set for the Public Heating 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 Dieter seconded the motion which carried by a voice vote of nine {9) ayes. BILL NO. 88-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17-46 OF THE SOUTH BEND MUNICIPAL CODE Councilmember Kirsits, Chairperson, Utilities Committee, reported that this commttee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, I3Ib County-City Building, 227 W. 7efferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this bill requests Chat the Council approve a rate increase which amounts to less than eight and one-half cents a day, or X2.55 a mouth for the average customer. REGULAR MEETING TANUARY 10, 2005 Councilmember Kirsits stated that this ordinance shall not become effective except to the extent the schedule of rates ~md charges as set forth herein have been approved by the Indiana Utility Regulatory Commission, and all existing rates and charges of Ordianance No. 9246-O1 shall continue in effect until such approval. 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 Kirsits made a matron for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85-04 PUBLIC HEARING ON A BII.L OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $40,100 OF INDIANA DEVELOPMENT FINANCE AUTHORITY GRANT Fi_lNDS WITHIN FUND 210 FOR THE PURPOSE OF ENVIRONMENTAL INVESTIGATION OF PROPERTY LOCATED AT 700 SOUTH LAFAYETTE STREET IN SOUTH BEND, 1NDIANA Councilmember Kelly, Chairperson, Community and Economic Development Co~mluttee, reported that this committee held a Public Hearing on this bill this afternaon and voted to send it to the full Council with a favorable recommendation. Nlr. Andy Laurent, Economic Development Specialist, Cotmmunity and Economic Development Department, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Nir. Latn-ent advised that this substituted bill corrects the address for the property for environmental assessment for Design Packaging, Inc., as 700 S. Lafayette Street. This bill will allow for the appropriation of $40,100 plus interest earned thereon, from the Indiana Development Finance Authority Site Assessment Grant Initiative. These funds will be used for environmental investigation of the former Transwester site, now owned by Design Packaging, Inc. The Design Paelcaging, Inc., business assets have been sold to Design Packaging, LLC a subsidiary of Tecumseh Con-ugated Box Company, Inc. Who continues t conduct operations on site. Tecumseh is now interested in purchasing the real estate, which is still owned by Design Packaging, Inc. To facilitate that transaction, Indiana Development Finance Authority awarded a grant to conduct environmental site assessment activities. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be beard. 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 Comicii concetating this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 10 ,;.,. REGULAR MEETING .TANUARY 10, 2005 BILL NO. 92-04 PUBLIC HEARING ON A BILL OF TIIE COMMON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR SOME OF TIC CITY'S CAPITAL EXPENDITURES FOR TLLE FISCAL YEAR 2005 INCLUDING $543,250 FROM THE GENERAL FUND, $1,885,800 FROM THE COUNTY OPTION INCOME TAX FUND, $128,000 FROM THE PARKS AND RECREATION FUND, $85,000 FROM THE PARKS NON_REVERTING CAPITAL FUND Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmemer Varner seconded the motion which carried by a voice vate of nine (9} ayes. Councilmember Meter, Chairperson, Personnel & Finance 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. Rick Ollett, City Controller, 1400 County-City Building, South Bend, Indizma, made the presentation for this bill. Mr. Ollett advised that this bill would appropriate the necessary ftmds to cover partial projects within the City's 2005 Capital Budget These funds will be used for capital projects [hat are slated to be started and funded prior to passing of the entire 2005 capital budget, which will be presented to the Council in late January. Sharon Kendall, Director, Community & Economic Development, 1200 County-City Building, South Bend, Indiana, spoke in favor of this bill. Ms. Kendall urged the Council to vote in favor 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 present wishing to speak to the Council either in favor of or iu opposition to this bill, Councilmember Kuspa made a motion seconded by Councilmember Dieter that substitute bill 92-04 be amended in Section L, so that the General Fund amount reads $543,250 and the exhibit A under General Fund be amended by deleting Mid Size Pre-Owned $10,800 and amending the total general fund capital budget to read $543,250; with the appropriation under County Option income tax fund addressing building acquisitioa~ 412 S. Lafayekte in the amount of $450,000 be subject to a contract being in place prior to disbursement. Councilmember Fuzzello made a motion for favorable recommendation to full Comlcil concerning this substituted bill as amended. Councilmember Vainer seconded the motion which carried by a voice vote of nine (9} ayes. 11 ~r ~ REGULAR MEETING JANUARY 10.2005 BILL NO.93-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS TO EVIDENCE A LOAN FROM THE ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY, PLEDGING A PORTION OF THE CITY'S COUNTY OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTERS CONNECTED TFIEREWITI-I OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTER CONNECTED TFIEREWITH Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmemer Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted Lo send it to the full Council with a favorable recommendation. Mr. Gary Gilot, Director, Public Works Department, 1300 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that this bill was filed with the Council earlier authorizing the issuance of bonds related to a $750,000 loan from the Indiana Development Finance Authority for the Erskine Common retail development project on Ireland Road. After the filing of the Ordinance it came to my attention that there were a few technical corrections to be made. They are the name of the State program which is the funding source has been changed in the title and in the body of the Ordinance. Provisions have been added relating to the distribution of the proceeds of the IDFA loan by the City to Anchor. Language has been added to make it clear that the first funds that are to be used to repay the IDFA loan by the City will be the payments received by the City from Anchor. Also, Ianguage has been added, at the request of IDFA, to clarify that in the overt of the non-receipt of payments from Anchor, other available revenues of the City will be used to repay the IDFA loan. At the request of IDFA, we have also added language to make it clear that the 20% forgivable portion is still under review by IDFA. The forgiveness of the 20% should not be an issue because the project qualifies for it but IDFA wanted the language inserted until their review was complete. Language has been added giving the Mayor and the City Controller authority, consistent with the terms of the enclosed Ordinance, to negotiate the specific terms of the documents with IDFA and Anchor. This boing 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 Kuspa 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. RISE AND REPORT Councilmembor Kelly made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a vote vote of nine (9) ayes. 12 ~n ~~ REGULAR MEETING ATTEST: J n V rde, City Clerk JANUARY 10, 2005 ATTEST: ~ , /- ~ ~ 1 -~ Roland Kelly, hairperson Committee of the Whole REGULAR MEETIIVG 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 5:50 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS -THIRD READING ORDINANCE NO. 9558-OS AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, LVDIANA, ANNEXING TO AND BRINGING WTTH THE CITY T.IMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; GREGORY A . KIZER, 20 +/- VACANT ACRES LYING WEST AND ADJACENT TO CROSS CREEK SUBDIVISION, FRONTAGE ALONG BRICK ROAD This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9559-05 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2600 BLOCK OF PRAIl2IE AVE., COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had dlird reading. Councilmember Puzzello made a motion to consider the substitute version this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a vaice vote of nine (9) ayes. Councilmember Puzzello made a motion to pass this bill as it was amended in the Committee of the Whole. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and thxee (3) nays.(Councilmembers Kuspa, Rouse, Pfeifer.) 13 REGULAR MEETING TANIJARX' 10, 2005 ORDINANCE NO. 9560-OS AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED TS KALEY STREET FROM THE NORTH RIGHT OF WAY OF TUCKER DRIVE TO THE NORTH PROPERTY LINE OF THE OLIVE STREET PUMPING STATION OWNED BY THE CITY OF SOUTH BEND FOR A DISTANCE OF 725 FEET, MORE OR LESS AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS A PORTION OF TUCKER DRIVE FROM THE WEST RIGHT OF WAY LINE OF KALEY STREET EAST APPROXIMATELY 305 FEET TO THE EXISTING FENCE CROSSING THE RIGHT OF WAY. BOTH STREETS BEING LOCATED WEST OF OLIVE STREET AND SOUTH OF SAMPLE STREET IN THE CITY OF SOUTH SEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Kuspa 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. 9561-OS AN ORDINANCE OP THE COMMON COUNCIL OP THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW SCHEDULE OP RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45 AND 17- 46 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Councilmemer Kelly 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. 9562-OS AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $40,100 OF INDIANA DEVELOPMENT FINANCE AUTHORITY GRANT FUNDS WITHIN FUND 210 FOR THE PURPOSE OF ENVIRONMENTAL INVESTIGATION OF PROPERTY LOCATED AT 700 SOUTH LAPAYETTE STREET IN SOUTH BEND, INDIANA This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version this bill as in the Committee of the ~Vho1e. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion to pass Chis bill as it was amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a call call vote of nine (9) .ayes. 14 - ~r _ ~. ORDINANCE NO. 9563-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR SOME OF THE CITY'5 CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2005 INCLUDING $543,250 FROM THE GENERAL FUND, $1,885,800 FROM THE COUNTY OPTION INCOME TAX FUND, $128,000 FROM THE PARKS AND RECREATION FUND, $85,000 FROM TIIE PARKS NON-REVERTING CAPITAL FUND This bill had third reading. Councilmember Varner made a motion to consider the substitute version this bill as in the Committee of the Whole. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion to pass this bill as it was amended in the Committee of the Whole. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9564-OS AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS TO EVIDENCE A LOAN FROM THE ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY, PLEDGING A PORTION OF TIIE CITY'S COUNTY OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTERS CONNECTED THEREWITH OPTION INCOME "I"AX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTER CONNECTED THEREWITH This bill had third reading. Councilmember Puzzello made a motion to consider the substitute version this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello made a motion to pass this bill as it was amended in the Committee of the Whole. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3407-OS 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 2920 SAMPLE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6 requires the Common Council t give notice pursuant to Indiana Code Section 5-14-LS-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 thirty (30) days after the Board of Zoning Appeals makes it 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 36-7-4-918.5; and 15 ,ter - ~~ 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 2920 Sample Street, South Bend, Indiana, and more particularly described as follows: Apart of the West Half (1/z) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St_ Joseph County, Indiana, more particularly described as follows: Beginning at a found 5/8" rebar at the South right-of--way line of Sample Street and the Northwest corner of the survey parcel which is South 0000"00' East, 35.00 feet and North 90°00"00' East, 164.93 feet (165.00 feet record) from a found monument at the Northwest corner of said Section 15; thence North 90E;00:00 East along said South right- of-way line, a distance of 564.66 feet to a found 1"pinched iron at the Northeast corner of the survey parcel; thence South 0003" 39' West (South record) along the East line of said survey parcel a distance of 536.78 feet to a set 5/8" rebar with cap at the Northerly right-of way line of the New Jersey, Indiana and Illinois Railroad; thence South 6609"OS' West (South 6559"50' West record) along said right-fo-way line, a distance of 617.66 feet to a found 5/8" rebar at the Southwest corner of the survey parcel; thence North 0003" 39' East a distance of 786.51 feet to the point of beginning, containing 8.58 acres more or less. Subject to all pubic highways and easements of record. in order to permit a special exception to allow a metal recycling facility in a "GI" General Industrial District. SECTION IL. Following a presentation by the Petitioner, and after proper pubic 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 City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specif c conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the Office of ~_ 5 ,~, . ~~ REGULAR MEETING .TANUARY 10, 2005 SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Charlotte D. Pfeifer Member of the Common Council. Corrncilmember Kuspa, 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 Cauncil with a favorable recommendation. Mr. Donald F. Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana gave the report From the Board of Zoning Appeals. Mr. Fozo advised that Che petitioner Shapiro Sales is seeking a Special Exception to allow a metal recycling facility, on property located at 2920 Sample Street, zoned "GI" General Industrial. Mr. Fozo further advised that this bill is sent to the Council with a favorable recommendation. Mr. John H. Lloyd, Attorney, Piews, Shadley, Racher & Braun, 53732 Generations Drive, South Bend, Indiana made the presentation for this bill on behalf of the petitioner Shapiro Sales. Mr. Lloyd advised that the petitioner seeks a special exception to allow a metal recycling facility in a "GI" General Industrial district, located at 2920 Sample Street, South Bend, Indiana. A Public Flearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Cauncilmember Kuspa seconded the motion which earned and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3408-OS 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 3817 WEST WESTERN AVENUE WHEREAS, Indiana Code Section 36-7-4-918.6 requires the Common Cauncil to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention Co consider Petitions from the Bo~ud of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) 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 Co 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 I"f RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 17 ~n P11' REGULAR iV1EETING ANUARY IO 2QDS SECTION I. 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 l,ot 1011 & W I/z Vac Alley Lasale Parl< in order to permit a Special Exception to allow for automobile sales in "CB" Community Business, and a variance from the required 1 S' setback for parking/display to 0' set back along Chicago Street and Western Avenue SECTION lI.. Followiug 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 City Cleric. that: SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arses from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on 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 approved by the Mayor. Charlotte D. Pfeifer Member of the Common Council Councilmember Kirsits made a motion to correct a scrivners error in the legal description the correct spelling of .LaSalle. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. ' Councilmember Kuspa, 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. Donald F. Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana gave the report from the Board of Zoning Appeals. 18 REGULAR MEETING ANUARY 10 2005 Mr. Fozo advised that the petitioner is seeking a Special Exception to allow automobile sales in the "CB" Community Business, on property located at 3817 W. Western Ave., zoned "CB" Community Business. This bill is sent to the Council with a favorable recormnendatiou. Mr. lose L. Consuelo, 1631 S. Kendall Street, South Bend, Indiana, and Ms. Kimberly Chendenin, 506 S. Edison, South Bend, Indiana, made Che presentation for this bill. Ms. Chendenin spoke on Nlr. Consuelo's behalf because he does not speak English very welt. Ms. Chendenin advised that Mr. Consuelo is welting a special exception to allow for automobile sales in "CB" Community Business and a variance from the required 15' setback :from parking/display to 0' along Chicago Street and Wester7~ Avenue. Ms. Chendenin asked for favorable consideration- 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, Councilmemher Kirsits made a motion to adopt this Resolution as amended. Councilmemher Dieter seconded the motion which carried and the Resolution was adopted by a call call vote of nine (9) ayes. RESOLUTION NO. 3409-05 A RESOLUTION OF TFIE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN TIC CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2050 RALPH JONES DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FULTON INDUSTRIES WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly lmown as 4050 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Sixteen (16) and Seventeen (17) as shown on the recorded Plat of Toll Road Industrial Park Section 6, recorded Apri17, 1989 as Document Number 8908570 in the Office of the Recorder of St. Joseph County, Indiana and which has Key Numbers 25-1013-021107 and 25-1013-021201, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1..1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient forthe Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 19 _.~~, ~,: REGULAR MEETING ANUARY 10 2005 SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6-1.1- 12.1-4.5 et sec., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and the totality of benefits is sufficient to justify Che deducti on requested. SECTION II. The Cornrnon Council hereby deterrrrines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient Co justify the deduction granted render Indiana Code 6-L1-12.1-4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee`s favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Cleric to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-I, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaratian. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Charlotte D. Pfeifer Member of the Common Council Councilmember Varner made a motion to correct the address in the title and in the body of the Resolution to read 4050 Ralph Jones Drive. Councilmember White seconded the motion, which carried by a voice vote of nine ayes. Za REGULAR MEETING pANUARY 10, 2005 Councilmember Kelly, Chairperson, Community & Economic Development Comrnittee reported that this committee held a Public Hearing on this bill this after-noon and voted to send it to the full Council with a favorable recommendation. Mr. Richard Deal, Attorney at Law, Barnes & Thornburg, 100 N. Michigan Street, South Send, Indiana, made the presentation for this bill. Mr. Deal advised that he is representing the petitioner Mr. John D.Razzano, President, Fulton Industries. Mr. Deal stated that he would like to read into the record the con-ect address of 4050 Ralph Tones Drive in the title of the resolution and also in the body of the resolution and in the statement of benefits. Mr. Deal further advised that Fulton Industries is a precision machine shop which manufactures components for engines, power-trains and other products. The new equipment includes CNC Machining Centers, Computer Controlled Measuring and Manufacturing Equipment and Ropotic Equipment. Tt is estimated that the total cost of the new equipment will be between (>>5.2 and $8.2 million. The project will create 14-18 new, permanent jobs within the first year, representing a new annual payroll of $630,000 to $810,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Couneilember Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9} ayes. BILLS -FIRST READING BILL NO. 94-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IlVDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND W CENTRE TOWNSHIl' CONTIGUOUS THEREWITH; GREG A. AND/OR PAULA D. ELLIOTT, 61191 U.S. 31 SOUTH, SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to refer this bill to the Area Pla^ Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. I-OS FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3400 NORTHSIDE BOULEVARD, SOUTH BEND, INDIANA 46617 COUNCILMANIC DISTRICT #3, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to correct the zip code in the title of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Puzzello made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which can-ied by a voice vote of nine (9} ayes. 21 REGULAR MEETING TANUARY 10, 2005 BILL NO. 2-OS FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$374,361 WITHINTHEEMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENTS FUND (#288) TO PURCHASE NECESSARY FIRE EQUIPMENT 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 January 24, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 3-OS FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND AMENDING ARTICLE 18 OF CIIAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET AND ADJUST FEES FOR DOCUMENTS AND SERVICES This bill had first reading. Councilmember Dieter made a motion to refer this bill to Che Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 24, 2005. Councilmember Varner seconded the motion which can-ied by a voice vote of nine (9) ayes. BILL NO. 4-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO PERMIT THE MAYOR AND OR CONTROLLER OF THE CITY OF SOUTH BEND TO MAKE INTER-FUND LOANS FROM TEMPORARILY IDLE CITY FUNDS TO MEET THE CITY' S CURRENT OPERATING EXPENSES PENDING RECEIPT OF DELAYED 2004 TAX REVENUES, TO MAKE OTHER LOANS NEEDED FOR SUCH PURPOSES, AND AUTHORIZING THE IS SUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS EVIDENCING SUCH LOANS Councilmember Varner made a motion to strike this bill from consideration at the request of the petitioner. The City had just received $20,000,000 of its 2004 property tax revenues, or roughly 90°Io of the total due. With this tax distribution, it is no longer necessary to pass this bill, because the budget emergency no longer exists. Councilmember Dieter seconded the motion which carried by a voice vote on nine (9) ayes. UNFINISHED BUSINESS REPORT FORM THE AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from. the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Heazings held on December 21, 2004: BILL NO. 68-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NORTH MEADS STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, IlVDIANA 22 ,. REGULAR MEETING rANUARx Io, aaos BILL NO. 82-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3055 E. EDISON ROAD, COUNCILMANIC DISTRICT #4 IN THE CITY OF SOUTH BENS, INDIANA Counci ]member Puzzello made a motion to refer these bill to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on January 24, 2005. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REPORT FROM HISTORIC PRESERVATION COMMISSION BILL NO. 67-04 Chapin Park Historic Preservation District Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which cara-ied by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Varner stated that the Information and Technology Committee will conductpublic hearings on Metro Net during the months of January and February 2005. The topics will be the continued discussion of proposal & mechanisms of the communication network. PRIVILEGE OF THE FLOOR Ms. Opal Buford, President of GAP (Grandparents as Parents} 1905 Leer Street, South Send, Indiana, thanked the Council for their continued support and wished them all a very Happy New Year and looks forward to working with everyone in 2005. ANNOUNCEMENT OF NEXT MEETNG DATE Council President Pfeifer advised Chat the next meeting of the Council will be held on Monday, January 2/4, ZOOS. At this time Mayor Stephen Luecke will give the State of the City Address. Counci] President Pfeifer made note that the meeting will take place at the Century Center in Recital Hall located on the River Level and will start aC 6:00 p.m. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 9:42 p.m. ATTEST: ATTEST: John o rde, City Clerk Charlotte D. Pfeifer, President 23 w~rr : ~,