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HomeMy WebLinkAbout07-25-05 Council Meeting Minutes REGULAR MEETINGJULY 25, 2005 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, July 25, 2005 at 7:00 p.m. The meeting was called to order by Council President Charlotte D. Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: st Present: Derek D. Dieter 1 District nd Charlotte Pfeifer 2 District President rd Roland Kelly 3 District Chairperson, Committee of the Whole th Ann Puzzello 4 District th David Varner 5 District th Ervin Kuspa 6 District Timothy Rouse At-Large Al “Buddy” Kirsits At-Large Karen L. White At-Large Vice-President OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy Janice I. Talboom Deputy City Clerk REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the July 11, 2005, meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Charlotte D. Pfeifer s/David Varner Councilmember Kuspa made a motion that the minutes of the July 11, 2005, meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS BILL NO. 05-84 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING LIEUTENANT ARMANDO “TONY” GARCIA FOR HIS 37 YEARS OF DEDICATED SERVICE ON THE SOUTH BEND POLICE DEPARTMENT Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Lieutenant Armando “Tony” Garcia retired from the South Bend Police Department on June 14, 2005, after thirty-seven (37) years of dedicated police service to our community; and Whereas, the Council recognizes that Armando “Tony” Garcia began his career on the South Bend Police Department on October 16, 1968 and patrolled the streets of the City of South Bend for many years in the Uniform Division, while later being promoted to the rank of Captain in the Detective Bureau of the police department; and Whereas, Lieutenant Armando “Tony” Garcia is fondly remembered by his fellow police officers for his work with juvenile offenders which were challenging but often frustrating, yet became perhaps the most satisfying part of Tony’s long & 1 REGULAR MEETINGJULY 25, 2005 distinguished public safety career on the South Bend Police Department with almost fifteen (15) years being spent working with youth; and Whereas, in addition to his many other police duties, Lieutenant Armando “Tony” Garcia, who received much of his training from Lieutenant Sal Lazzara, became known as a “people person” and achieved the highest rank of any Hispanic police officer in the long and legendary history of the South Bend Police Department. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends Lieutenant Armando “Tony” Garcia for his 37 years of dedicated public safety service on the South Bend Police Department and his many years of serving and protecting our community. Section II. The South Bend Common Council wishes Lieutenant Armando “Tony” Garcia, his wife, Guadalupe, and their entire family many countless memorable adventures in the years ahead. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District s/KathleenCekanski-Farrand,Council Attorney Attest: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Derek D. Dieter, 1135 Portage Avenue, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Lieutenant Garcia. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the council either in favor of or in opposition to this Resolution. Lieutenant Garcia thanked the Council for this honor. Mrs. Garcia stated that she didn’t always like the circumstances of her husband’s job, however she advised that he loved being a police officer very much. Police Chief Thomas Fautz, 701 W. Sample Street, South Bend, Indiana, stated that he has had the pleasure of working with Lieutenant Garcia for the past 32 years on the South Bend Police Department. Chief Fautz thanked Lieutenant Garcia for his dedicated years of service and wished him and his wife all the very best. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. BILL NO. 05-85 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING DEBORAH A. MARTIN, BUREAU OF GIS MANGER FOR BEING AWARDED THE GISP CERTIFICATION 2 REGULAR MEETINGJULY 25, 2005 Whereas, the Common Council of the City of South Bend, Indiana, is proud to recognize that Deborah A. Martin has been the Bureau of GIS Manager in the Department of Public Works for the City of South Bend since February of 2000; and Whereas, the Bureau of GIS is involved in the strategic development of map databases, tracking of departmental and utility infrastructures for the City of South Bend, and collaborates with many other departments and agencies in planning and providing expert detailed analysis affecting the future growth and development of the city; and Whereas, the Council recognizes that recently Deborah A. Martin was awarded the Geographical Information System Profession (GISP) Certification and is now one of eighteen (18) people in the State of Indiana and one of 717 people worldwide who have earned this professional distinction and honor which was awarded by the GIS Certification Institute; and Whereas, a GIS Certification is career recognition of excellence by the GIS Certification Institute which conducts a detailed evaluation process by individuals engaged in the field of geographic information systems and focuses on educational achievement, ethical conduct, professional experiences and practices of the professionals who work in this field. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends Deborah A. Martin, Bureau of GIS Manager for the City of South Bend, Indianafor her dedication to professional excellence in being awarded the Geographical Information System Professional certification. Section II. The South Bend Common Council is proud to recognize that Deborah A. Martin has brought honor to herself; her family, colleagues, and friends; the Bureau of GIS, and the City of South Bend, Indiana in attaining this professional distinction which will benefit and enhance the City’s capabilities of computer mapping, computer tables and graphic representations. Section III . This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/. David Varner, 5 District KathleenCekanski-Farrand,Council Attorney Attest: John Voorde, City Clerk Stephen J. Luecke, Mayor of South Bend Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this Resolution by first offering comments and then reading the Resolution in its entirety and presenting it to Deb Martin. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the council either in favor of or in opposition to this Resolution Deb Martin thanked the Council for this honor. 3 REGULAR MEETINGJULY 25, 2005 Mayor Stephen Luecke stated that his is proud of the City’s workforce. Deb’s accomplishment is a great honor as she is one of 717 people worldwide who have earned this professional distinction. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. BILL NO. 05-86 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY SUPPORTING CENTRAL TIME FOR ST. JOSEPH COUNTY, INDIANA Whereas, the Common Council of the City of South Bend, Indiana, acknowledges that as a result of the Indiana General Assembly’s recent action of passing a new state law which will implement Daylight Savings Time in the State of Indiana, our community should have an opportunity to voice opinions on what time zone would be best for our residents and businesses; and Whereas, the Common Council recognizes that under the Standard Time Act of United States Code 1918, as amended by the Uniform Time Act of 1966, codified at 15 et seq 260., the Secretary of Transportation has the authority to issue regulations modifying the boundaries between time zones in the United States in order to move an area from one time zone to another with specific regulations addressing time zone Code of Regulations boundaries being set forth in 49 71; and Whereas, the Council further recognizes that the standard in the federal statute for such decisions focuses on the “…convenience of commerce and the existing junction points and division points of common carriers engaged in interstate or foreign commerce…”; and Whereas, the South Bend Common Council notes that under Department of Transportation procedures to change a time zone boundary, the department will generally prima begin a rulemaking proceeding if the highest elected officials in the area make a facie case for the proposed change. Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council acknowledges that the majority of the persons who have contacted the Council and/or attended the public forum held on June 29, 2005 at the Century Center in downtown South Bend, Indiana, were in favor of Central Time Zone for St. Joseph County by a 3 to 1 margin. Section II. The South Bend Common Council notes that St. Joseph County lies within the heartland of the manufacturing belt and metropolitan regions of the Upper Midwest and Canada. The City of South Bend is located just ten (10) miles south of the Michigan state line; is approximately ninety (90) miles east of the City of Chicago and nd accessible via Interstate 80/90, the South Bend Regional Airport (which is the 2 busiest in the State of Indiana) and the South Shore rail line. In light of South Bend’s proximity to Chicago, it has the largest rail and intermodal (trail/truck/ocean/inland waterway) transfer point in the country which is vitally important to South Bend and St. Joseph County, Indiana. Section III. The South Bend Common Council further recognizes that the major portion of the commercial and social ties of residents living in South Bend and businesses located in South Bend are to communities located in Central Time Zones. Transportation links via air, rail, bus, and truck; and the many businesses financial, investment and commercial institutions, community development organizations and departments and the 4 REGULAR MEETINGJULY 25, 2005 approximate 107,789 residents of the City of South Bend would experience much less confusion and it would enhance overall convenience for the commerce of St. Joseph County, if it were located in the Central Time Zone. Section IV. The South Bend Common Council believes that there is clear and convincing evidence that St. Joseph County, Indiana, should be in the Central Time Zone, in light of the additional data which reflects the many residents and businesses in our community: Of the 136,990 workers in St. Joseph County, the largest employers are: University of Notre Dame 4,802 employees Memorial Health Systems: 3,493 employees South Bend Community School Corporation 3,303 employees Saint Joseph Regional Medical 2,935 employees The Diocese of Fort Wayne/South Bend 2,500 employees AM General 2,151 employees St. Joseph County 1,750 employees Martin’s Supermarkets 1,484 employees City of South Bend 1,400 employees Indiana University of South Bend 1,300 employees th The City of South Bend is the county seat of St. Joseph County; is the 4 th largest city in the State of Indiana, with St. Joseph County being the 4 largest county in the State of Indiana of 92 total counties with this area having a $4.36 billion buying income based on disposable income after taxes As evidenced by the listing of largest employers in St. Joseph County, there is a diverse economic mix of employment opportunities which are vital and dependent on interstate commerce Section V . The South Bend Common Council directs the Office of the City Clerk to send a certified copy of this resolution upon its adoptionto the Board of County Commissioners of St. Joseph County so that they may incorporate it into the documents prima facie needed in order to make a case which would warrant the opening of proceedings by the Department of Transportation to determine whether the time zone change should be made. Section VI. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. stth s/Derek D. Dieter, 1 District s/Ervin Kuspa, 6 District nd s/Charlotte D. Pfeifer, 2 District s/Al “Buddy” Kirsits, At Large rd s/Roland Kelly, 3 District s/Timothy A. Rouse, At Large th s/Ann Puzzello, 4 District s/Karen L. White, At Large th s/Dr. David Varner, 5 District Attest: as to Legality: s/Kathleen Cekanski-Farrand, Council Attorney I, John Voorde, City Clerk of the City of South Bend, St. Joseph County, Indiana, hereby attest and certify that the Common Council of the City of South Bend, th Indiana held a public hearing on this resolution on the 25 day of July, 2005, and that it was adopted by a vote of 9-0. Attest: 5 REGULAR MEETINGJULY 25, 2005 s/John Voorde, City Clerk Presented to me, Stephen J. Luecke,, Mayor of the City of South Bend, Indiana, th on the 26 day of July, 2005, at 2:45 o’clock, p.m. s/Janice Talboom, Deputy City Clerk th Approved and signed by me on the 26 day of July, 2005, at 5:30 o’clock, p.m. s/Stephen J. Luecke, Mayor City of South Bend, Indiana Councilmember Charlotte D. Pfeifer, 1013 W. Washington Street, South Bend, Indiana, made the presentation for this bill. Mayor Stephen Luecke, 1400 County-City Building, South Bend, Indiana, commended the Council for taking the leadership role in supporting Central Time. Mayor Luecke advised that Central Time seems to make the most sense, in light of South Bend’s proximity to Chicago which has the largest rail and (inland waterway) transfer points in the country that are vitally important to South Bend and St. Joseph County. 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 Puzzello made a motion to adopt this Resolution. Councilmember Member Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 05-87 A RESOLUTION OF THE COMMON 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, LT LEASCO ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 0.59 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 30% contiguous, generally located on the south side of Kern Road, approximately 200 feet east of US 31 South. It is anticipated that the annexation area will be developed for an automotive sales and service building, and it is proposed for rezoning within the City as “CB” (Community Business) upon incorporation into the City limits and Common Council approval. Such commercial use will require a basic level of municipal public services of a non-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, and 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 a non-capital nature, including street and road maintenance, 6 REGULAR MEETINGJULY 25, 2005 sewage collections, street sweeping, flushing, and snow removal, police and fire protection, 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 methods (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 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) that 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) the plan for hiring the employees of other governmental entitites whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Baord 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 I. 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: Lot Numbered Thirty-nine (39) as shown on the recorded Plat of Whitcomb & Keller’s Southmoor, and Addition to the City of South Bend, recorded in Plat Book 13, page 39 in the office of Recorder of St. Joseph County, Indiana. Lot Numbered Forty (40) as shown on the recorded Plat of Whitcomb & Keller’s Southmoor, an Addition to the City of South Bend, recorded in Plat Book 13, page 39 in the office of Recorder of St. Joseph County, Indiana. 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 a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, 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 the services furninshed 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 territory 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 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. Section III. The Common 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 territory to be annexed, which Fiscal Plan provides, among other things, that an existing water main line will be sufficient to service this area and that a lateral sewer line many need to be installed from the sanitary sewer service available on U.S. 31 South, to be paid for by the developer; that street lighting will be provided by revenue in the General Fund; that no new streets are presently required, but any future street construction will be planned, provided and paid for by the developer; and that a street drainage plan will be also be 7 REGULAR MEETINGJULY 25, 2005 planned, provided and paid for by the developer subject to compliance with state and locl law. Section IV. 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 D. Pfeifer Member of the Common Council Mr. Larry Magliozzi, Assistant Director, Community & Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that this bill establishes a policy for the provision of services to a voluntarily annexed contiguous parcel in Centre Township. The written plan and policy concern the provision of services, both capital and non-capital in nature, to the territory to be annexed. The annexation is a .59 acre parcel on the southeast corner of US 31 South and Kern Road. All public improvements, if any, will be required to be done at the expense of the developer. 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 Puzzello made a motion to adopt this Resolution. Councilmember Member Puzzello seconded the 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 7:30 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 Kelly, Chairperson, Committee of the Whole, presiding. Councilmember Kelly explained the procedures to be followed for tonights meeting in ã accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 10-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ANNEXING TO AN BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING TE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND TO REZONE CERTAIN LAND WITHIN THE CITY OF SOUTH BEND, INDIANA, LT LEASECO, LLC, 6302 U.S. 31 SOUTH, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Mr. Andrew Nemeth, Senior Planner, Area Plan, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from “R” Residential (County) and “SF 1” Single-Family (City) to “CB” community Business (City) to allow an automotive sales and services. On site is vacant land in the County and a single- family home in the City. A portion of the property not being rezoned has been used for a 8 REGULAR MEETINGJULY 25, 2005 used car lot. To the north is a fuel-mart in the City zoned “CB” Community Business and a fire station in the county zoned “C” Commercial. To the east are single-family homes in the City zoned “R” Residential. To the south are single-family homes in the City zoned “SF1” Single-family and single-family homes in the County zoned “R” Residential. To the west is a fuel-mart in the City zoned “CB” Community Business, an office in the County zoned “C” Commercial, and single-family homes in the County zoned “R” Residential. The “CB” Community Business District is established to provide a location for high volume 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 plan shows the entire area to be rezoned, as well as the lot directly on the corner of Kern Rd. and U.S. South. The entire project is approximately 1.2 acres. The proposal is for a 3,200 sq. ft. building. Approximately 45% of the site will be paved for car displays and customer parking, and the remaining space will be open space. The development will be required to have Type ‘B’ Partial Screening adjacent to the residential lots to the south and east. Perimeter parking islands, and a parking hedge are also required. This site was petitioned to be rezoned in 1995 to “C” Commercial in the County for a used car lot and repair garage. That rezoning received a favorable recommendation from the Plan Commission but was denied by the County Council. This stretch of U.S. 31 South has a mixture of general commercial and office uses. To the south of this site is the transitional area between the urban and rural parts of the County. U.S. 31 South is a major highway between South Bend and Indianapolis. It is a four lane road at this location, with dedicated left turn lanes at the intersection of Kern Road. The intersection of Kern Road and U.S. 31 is controlled by a traffic light. Kern Road is a major east/west arterial. It becomes a two lane road to the east of this site, but there are also dedicated turn lanes at the intersection. The site will be serviced by municipal water and sewer from South Bend. A drainage plan is required to meet City Standards. A special exception is required for the proposed use in “CB” Community Business. According to the agencies maps, the Phillip’s Ditch runs through the eastern part of the property. The petitioner will need approval of the County Drainage Board and the Army Corp of Engineers for work done on the ditch. The Comprehensive Plan states that there should be a separation between commercial and residential uses. This petition is in conflict with the Comprehensive Plan in that it extends commercial into a residential area. The Land Use Plan designates this area as a residential growth area. This petition is in conflict with the Land Use Plan. U.S. 31 South is a high speed highway that has a mixture of commercial, office, and residential uses. This stretch is near the transition area between the urban areas to the north and the rural areas to the south. Kern Road is an arterial road that has commercial uses at the intersection of U.S. 31. There is a fire station directly across the street from this petition, with residential uses to the east. The most desirable use for this site is for residential uses. This rezoning should not have a negative impact on the adjacent uses along U.S. 31 or on the fire station across Kern Road. However, the adjacent residential properties may experience some adverse impacts from this rezoning. Locating a commercial use where it may adversely impact a residential neighborhood is not responsible growth and development. Commercial uses should be located at major intersections, but they should not encroach into the residential areas. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. However, the Area Plan Commission at its public hearing on Tuesday, June 21, 2005 sends this bill to the Common Council with a favorable recommendation, subject to the submittal of a final site plan for a building permit showing no fill on any land with an elevation lower than the 100 year flood elevation. Mr. James A. Masters, Attorney at Law, 211 West Washington, Suite 1720, South Bend, Indiana, representing LT Leaseco, LLC, the owner, made the presentation for this bill. Mr. Masters advised that LT Leaseco, LLC is Tim R. Martin, owner of Martin Buick, Pontiac, GMC in Plymouth, Indiana. Mr. Martin intends to use this site to locate an automobile sales business in the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak in favor of this bill. 9 REGULAR MEETINGJULY 25, 2005 Ms. Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke in opposition to this bill. Ms. Kopala stated that the Phillips Ditch is located on the eastern part of this property and that it is over taxed already, and that there is a lot of flooding on the Phillips. This project would allow for paving too close to the Phillips ditch and this will cause the ditch to overflow and flood homeowners basements. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Masters stated that the minutes of the Area Plan Commission quote the County Surveyor John McNamara as saying that the new site plan shows that they have moved any structure 75 feet away from the ditch. Once you get outside the 75 feet, there is no jurisdiction over it, so the only other stipulation is that they could not fill between that 75 foot line and the ditch. The agreement is that they simply are going to put a parking lot on the existing ground. There won’t be any fill brought in. The ground will not be any higher than it is now. Unfortunately, the area has flooded in the past, and it will flood in the future. The only thing is that whatever is done development-wise not to make the situation any worse. Mr. McNamara stated that he did not think what they are doing is going to make the situation any worse and he thought that it is not going to make it any better either, but it is not going to make it any worse. From the Drainage Board’s standpoint, we are satisfied that they moved everything outside the 75 feet. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill and set it for third reading on August 8, 2005. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE Councilmember Puzzello 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 White, Chairperson, Health & Public Safety Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full council with no recommendation. Ann-Carol Nash, Assistant City Attorney, 1400 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Nash advised that this bill would amend Chapter 13 of the South Bend Municipal Code to expand the scope of prohibited conduct which may generate an action to abate a disorderly house. The substitute bill adds language to acknowledge that the attempts of property owners to address the nuisance may be a mitigating factor in determining a fine, and it provides that eviction may relieve a property owner of liability, as is the case under the drug house ordinance. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Rouse Councilmember White Councilmember Varner questioned the time frame of how long the process takes on declaring a disorderly home. 10 REGULAR MEETINGJULY 25, 2005 Mayor Stephen Luecke Police Chief Thomas Fautz There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Kolin Hodgson, 807 Ashland Mr. Matt Costello, 120 N. Notre Dame Mr. Bill Storey, 1027 E. Wayne Ms. Marguerite Taylor, 714 E. Corby Ms. Margaret Porter, 817 Leland Avenue Ms. Opal Jost, 320 N. Taylor Mr. Robert Adams, 314 N. Taylor Ms. Karen Ainsley, 711 Forest Avenue Mr. Jerry Ivacic, 3019 S. Michigan Street Ms. Molly Whelan, 925 N. Notre Dame Avenue Mr. Tim Scott, 711 Forest Avenue Ms. Heidi Hain Phillips, 902 E. Washington Ms. Susan Bullock, 843 Forest Avenue Mr. James R. Phillips, 902 E. Washington Mr. Walter Niegorski, 1204 Stanfield Ms. Anne Costello 120 N. Notre Dame Avenue The following individuals spoke in opposition to this bill. Ms. Edith Mathis 52222 Martin Lane Ms. Diana Williams, 532 Ballard, Mishawaka, Indiana Ms. Sharone Smith, 529 E. Altgeld Ms. Trina Robinson, 914 Lincolnway West Mr. Dave Smith, P. O. Box 6332 Mr. Matthew Wormington, 825 E. Washington Mr. Matthew E. Krosin, 819 E. Washington Mr. James Grace, 448 Keogh Hall, Notre Dame, Indiana Mr. George Burke, Niles, Michigan Mr. Dave Baron, 733 N. St. Louis Blvd., 11 REGULAR MEETINGJULY 25, 2005 Mr. Zachary Heaps, 117 St. Peter St. Mr. Joe Mendez, 1137 Climbing Rose Lane Mr. John Brady, 1715 E. Wayne Mr. Mark Kramer, 812 E. LaSalle In rebuttal, Ms. Ann-Carol Nash stated Councilmember White Councilmember Puzzello Councilmember Dieter Councilmember Varner Councilmember Kelly Councilmember Rouse Councilmember Kirsits BILL NO 39-05 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FOUR MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS ($4,710,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH RISE AND REPORT Councilmember Dieter made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: __________________________ _______________________ John Voorde, City Clerk Roland Kelly, Chairperson, Committee of the Whole REGULAR MEETING RECONVENED 12 REGULAR MEETINGJULY 25, 2005 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 7:30 p.m. Council President Charlotte D. Pfeifer presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9602-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE TO EXPAND THE SCOPE OF PROHIBITED CONDUCT WHICH MAY GENERATE AN ACTION TO ABATE A PUBLIC NUISANCE ORDINANCE NO. 9603-05 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FOUR MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS ($4,710,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH RESOLUTIONS RESOLUTION NO. 3493-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR MANUFACTURING TECHNOLOGY, INC. RESOLUTION NO. 3494-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 1 THROUGH 17, LAFAYETTE FALLS SUBDIVISION, PHASE TWO AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS, LLP RESOLUTION NO. 3495-05 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT NUMBERS 1a, 4,8,11,12,16,18, 29,34,41,42,44 13 REGULAR MEETINGJULY 25, 2005 AND 45 ROYAL OAK ESTATES SUBDIVISION, SECTION 1 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR D & H HOME BUILDERS, INC. RESOLUTION NO. 3496-05 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2025 S. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AXELBERG & AXELBERG, LLC RESOLUTION NO. 3497-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 115 SOUTH HILL STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7) YEAR REAL PROPERTY TAX ABATEMENT FOR ANCATRICE, LLC, OMICRON BIOCHEMICALS, INC. RESOLUTION NO. 3498-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3021 WEST CALVERT STREET AND 3025 WEST CALVERT STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. G & M PROPERTIES BILL NO. 05-94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3230 TOPSFIELD ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL PROPERTY TAX ABATEMENT FOR MARVIN L. WARD BILLS, FIRST READING BILL NO. 43-05 FIRST READING 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 CERTAIN PROPERTY LOCATED AT 56969 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONER’S DAIRY FARM INC., PHASE II, 14 REGULAR MEETINGJULY 25, 2005 COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA BILL NO. 44-05 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING RATES TO BE CHARGED AT MUNICIPALLY OWNED OR OPERATED PARKING LOTS 15