Loading...
HomeMy WebLinkAbout07-19-06 Zoning & AnnexationZoning and Annexation Committee Meeting 2DD6 South Bend Common Council The July 19, 2006 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by Chairperson, Council Member Ervin Kuspa, at 4:20 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Varner, Kuspa, Rouse, Kelly, Kirsits and Puzzello; Citizen Member Ed Talley, Community and Economic Development Executive Director Sharon Kendall, Cade Enforcement Executive Director Catherine Toppel, Jamie Loo of the South Bend Tribune, and Kathleen Cekanski- Farrand, Council Attorney. Council Member Kuspa noted that the Committee Members consist of Council Members Kirsits, Dieter and White, and Citizen Member Ed Talley. He stated that those who wish to be recognized should state their name and address for the record. Ne added that the Committee makes advisory recommendations to the full Council on proposed legislation which has been sent to the Committee for review and recommendation. Council Member Kuspa noted that this meeting was called at the request of Council Member Puzzello, Vice-Chairperson of the Committee, to begin discussions on regulations to clarify front and side yard parking which was filed today with the Office of the City Clerk. Bill No, 46-06: Front and Side Yard Parkin IZonin Re ulations: Council Member Puzzello noted that next Monday Bil! No. 46-06 will have first reading. The proposed Bili is proposed to clarify front and side yard parking. She noted that unfortunately past regulations addressing this topic were left out of the new zoning code. She indicated that yard parking is a problem city-wide and the law needs to be re-enacted. She noted that many residents have contacted her on this in light of the quality afi life issues that it raises. She Hated that the Legal Department draft the ordinance which had input from Catherine Toppel in light of the many complaints which her office also receives. Catherine Toppel, Director of Code Enforcement stated that she was elated to see the ordinance coming back to again start discussions. She agreed with Council Member Puzzello that the problems in this area are city-wide, noting that her phone rings off the hook. She added that mast churches are in the process of addressing their parking problems by attempting to reach agreements with adjoining property owners. The intent of the ordinance is to prevent people from parking in front yards and side yards thereby negatively impacting the quality of life in their immediate neighborhood. She noted that such activities bring down the aesthetic values and too often cause muddy ruts in lawn areas when it rains. She stated that she is proud to co-sponsor the proposed ordinance along with Council Member Puzzello. July 19, 2006 Zoning and Annexation Committee Meeting Minutes Page 2 Council Member Pfeifer noted that parking should not be allowed where vehicle hang over onto the sidewalks since such activity affects pedestrians. Assistant City Attorney Ann-Carol Nash indicated that the ordinance as drafted could be enforced and that the Legal Department was instrumental in its drafting. She offered to help train Police Officers if the ordinance is passed. Jane Robing of 1616 Scott suggested that police should be able to ticket since enforcement is critical. Ms. Toppel stated that her department sends one (1) notice and that her office is also involved in enforcement. She also noted that many letters are sent out in Spanish. Council Member Kuspa thanked everyone for coming and noted that there will be additional committee meetings once the Bill goes to the Area Plan Commission for review, comment and formal recommendation to the Council. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 5:00 p.m. Respectfully submitted, Council Member Erin Kuspa, Chariperson Zoning and Annexation Committee Joint Meeting of the Utilities Committee and the Public Works and Property Vacation Committee 2006 South Bend Common Council The July 19, 2006 joint meeting of the Utilities Committee and the Public Works and Property Vacation Committee of the South Bend Common Council was called to order by Dr. Varner, Chairperson of the Public Works and Property Vacation Committee and Council Member Kirsits, Utilities Committee Chairperson at 3:00 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse and Puzzello; Mayor Stephen J. Luecke, Public Works Director Gary Gilot, City Attorney Charles Leone, City Controller M. Catherine Fanello, Director of Environmental Services Jack Dillon, Paul Kempf and Kathleen Cekanski-Farrand, Council Attorney. It was noted that the members of the Utilities Committee include Council Members Kirsits, Kuspa, Puzzello and Pfeifer; and Citizen Member Gene Pendl; and that the members of the Public Works and Property Vacation Committee include Council Members Varner, Pfeifer, Dieter, Puzzello and Citizen Member Kurt Youngs. Bill No. '19-06: The Joint Committee meeting was called to continue discussions on Bill Na. 19- 06 which would amend Chapter 17, Article 2, Division 5, Section 17-29 of the South Bend Municipal Code addressing authorization to enter into special rate contracts for sewer service. Public Works Director Gary Gilot reviewed a 14-page handout entitled "Special Sewer Agreement City of South Bend and University of Notre Dame" (copy attached). He noted that the city acted pursuant to the provisions of SBMC § 17- 29. Mr. Gilot then highlighted portions of the "Private User Agreement Between the City of South Bend, Indiana and the University of Notre Dame du Lac Regarding Waste Water Treatment Services" (copy attached) He noted that the agreement consists of twelve (12) pages and was entered into on December 12, 2006. He also noted that the "Wastewater Service Agreement" with the Town of New Carlisle" was also provided to the Council. It is dated June 15, 1989 and consists of fourteen (14) pages. Additionally copies of the November 14, 2005 Utilities Committee meeting minutes, October 24, 2005 Utilities Committee meeting minutes, a page from the December 8, 2005 minutes of the Board of Public Works meeting, a page from the December 12, 2005 minutes of the Board of Public Works meeting, a page from the October 15, 1990 minutes, a page from July 19, 200 Joint Meeting of the Utilities & Public Worlcs and Property Vacation Committees Page 2 the June 15, 19$9 Board of Public Works meeting minutes, a page from the April 14, 1987 Board of Public Works meeting minutes, a page from the July 12, 1954 Board of Public Works meeting minutes, a page from the July 26, 1954 Board of Public Works meeting minutes, and four {4) pages addressing the 1967 and 1975 documents addressing the sewage contract with the University of Notre Dame; with all such documents addressing special contractslagreements {copies attached). Mr. Gilot then lighted the "clearly definable reduction in costs to the Sewage Works" set forth on pages 13 and 14 of his first handout. He Hated that the city is always looking for "cutting edge technology", and sees this as a development of a "pilot program" to potential full implementation. He sees it as a good investment of applied research. In response to a question from Dr. Varner, Mr. Gilot stated that the city had an agreement in principle with the University of Notre Dame before the Common Council set the rates. He noted that the university is about 5% of the revenue base to the city in this area; and is the supplier of intellectual property. He hoped that the company developing this technology would eventually locate in South Bend so that the city would be the first to use it. President Rouse noted that the amount of technology may be significant in this area, and the city would be the key beneficiary. In response to a question from Council Member Pfeifer, Mr. Gilot noted that the special CSO Committee met eight {8) times over 2-year period. Notre Dame had one (1) of the eighteen (18) seats on the advisory committee. He added that the City Attorney's Office signed off on the agreement with Notre Dame. Jack Dillon noted that the wastewater treatment plant has been used as a pilot program on other research projects, with paper being written on such ventures. Hardware has been developed in the city's system. Environmental benefits would be the overall goals. Mr. Gilot noted that the credit for the 1St year would be $142,000; adding that there would be a "good long-term value". Dr. Varner requested copies of the documents which were used during the negotiations with Notre Dame addressing the calculations. Council Member Kelly added that he sees the agreement as being good for both the city and the university. July 19, 2006 Joint Meeting of the fJtilities & Public Works anti Property Vacation Committees Page 3 Dr. Varner noted that there is a history of reduced costs with credit being given to the University prior to 1976, and then having it re-instated. He noted that same cost-savings have been identified; however there should be agreement on what constitutes acost-savings and what is hypothetical There is an agreement with the Environmental Protection Agency (EPA) whereby there are modifications which are mandated to be done by the city. Dr Varner noted that the proposed ordinance calls far an annual review, with this not taking place unless the current ordinance is modified. This would provide a public process involving the Council for the rate justification, which is also not currently being done. Council Member Pfeifer inquired as to what the hardships would be and whether the city is actually saving money. She Hated that citizens come up to her and ask questions and that she needs relevant information to address these concerns. Mr. Gilot stated that the city is attempting to avoid a consent decree order. He added that after discussion with the Mayor, the Administration sees that more Council oversight in this area would be better. Council President Rouse noted that the St. Joseph River is one of the city's major assets. He commended Mr. Gilot and Notre Dame for taking initiatives in this area which may lead to the city and this technology being potential leaders in new developments. He noted that too often dollars for research and technology are being cut back, and the city needs to take certain risks wants it has the opportunity to weigh all the relevant data. Council Member Kirsits stated that detailed reporting to the Council would result from the proposed ordinance, which is currently not being done. Paul Kempf from the University of Notre Dame stated that both the university and the city had good intentions when they entered into the agreement, Both acted in good faith. The university has the necessary easements and could instead "just hand it off at Angela", Their goal instead is to work with the city, noting that they have had a relationship since the 1950's. Counci! Member Kirsits noted that there is a need to also closely look at the TIF Districts in light of the budget concerns and restraints, He suggested that no action be taken today, with fifteen (15} minutes being earmarked for next Monday fora "final wrap-up" on the proposed ordinance. July 19, 2006 Joint Meeting of the lltifities & Public Works and Property Vacation Committees Page 4 Miscellaneous Business: Council Member Kirsits inquired about how bad the city was hit last Monday. Mr. Gilot stated that the city received between 2 '/z " to 3 '/z" in two (2) hours, which is significant. The city received calls from over 100 persons regarding basement back-ups. He also noted that there were many streets with curb to curb flooding. There being no further business to came before the joint committees, the meeting was adjourned at 4:20 p.m. Respectfully submitted, Council Member AI "Buddy" Kirsits, Chairperso Utilities Committee 1 ;; £~ Q ~"~ Council Member David Varner, Chairperson Public Works and Property Vacation Committee Attachments ~-°- Joint Meeting of the Utilities Committee and the Public Works and Property Vacation Committee 2#f06 South Bead Common Council The July 19, 2006 joint meeting of the Utilities Committee and the Public Works and Property Vacation Committee of the South Bend Common Council was called to order by Dr. Varner, Chairperson of the Public Works and Property Vacation Committee and Council Member Kirsits, Utilities Committee Chairperson at 3:00 p.m. in the Council's Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kuspa, Kirsits, Rouse and Puzzello; Mayor Stephen J. Luecke, Public Works Director Gary Gilot, City Attorney Charles Leone, City Controller M. Catherine Faneilo, Director of Environmental Services Jack Dillon, Paul Kempf and Kathleen Cekanski-Farrand, Gouncil Attorney. It was noted that the members of the Utilities Committee include Council Members Kirsits, Kuspa, Puzzello and Pfeifer; and Citizen Member Gene Pendl; and that the members of the Public Works and Property Vacation Committee include Council Members Varner, Pfeifer, Dieter, Puzzello and Citizen Member Kurt Youngs. Bill No. 19-Ofi: The Joint Committee meeting was called to continue discussions on Bill No. 19- 06 which would amend Chapter 17, Article 2, Division 5, Section 17-29 of the South Bend Municipal Code addressing authorization to enter into special rate contracts for sewer service. Public Works Director Gary Gilot reviewed a 14-page handout entitled °Special Sewer Agreement City of South Bend and University of Notre Dame" {copy attached). He noted that the city acted pursuant to the provisions of SBMC § 17- 29. Mr. Gilot then highlighted portions of the "Private User Agreement Between the City of South Bend, Indiana and the University of Notre Dame du Lac Regarding Waste. Water Treatment Services" {copy attached} He noted that the agreement consists of twelve (12) pages and was entered into on December 12, 2005. He also noted that the "Wastewater Service Agreement" with the Town of New Carlisle" was also provided to the Council. It is dated June 15, 1989 and consists of fourteen (14} pages. Additionally copies of the November 14, 2005 Utilities Committee meeting minutes, October 24, 2005 Utilities Committee meeting minutes, a page from the December 8, 2005 minutes of the Board of Public Works meeting, a page from the December 12, 2005 minutes of the Board of Public Works meeting, a page from the October 15, 1990 minutes, a page from July 19, 2006 Joint Meeting of the Utiiities & Public Worfcs and Property Vacation Comrr~ittees Page 2 the June 15, 1989 Board of Public Works meeting minutes, a page from the April 14, 1987 Board of Public Works meeting minutes, a page from the July 12, 1954 Board of Public Works meeting minutes, a page from the July 26, 1954 Board of Public Works meeting minutes, and four (4) pages addressing the 1967 and 1975 documents addressing the sewage contract with the University of Notre Dame; with all such documents addressing special contractslagreements (copies attached). Mr. Gilot then lighted the clearly definable reduction in costs to the Sewage Works"' set forth on pages 13 and 14 of his first handout. He noted that the city is always looking for "cutting edge technology", and sees this as a development of a "pilot program" to potential full implementation. He sees it as a good investment of applied research. In response to a question from Dr. Varner, Mr. Gilot stated that the city had an agreement in principle with the University of Notre Dame before the Common Council set the rates. He noted that the university is about 5% of the revenue base to the city in this area; and is the supplier of intellectual property. He hoped that the company developing this technology would eventually locate in South Bend so that the city would be the first to use it. President Rouse noted that the amount of technology may be significant in this area, and the city would be the key beneficiary. In response to a question from Counci! Member Pfeifer, Mr. Gilot noted that the special CSO Committee met eight (8) times over 2-year period. Notre Dame had one (1) of the eighteen (18) seats on the advisory committee. He added that the City Attorney's Office signed off on the agreement with Notre Dame. Jack Dillon noted that the wastewater treatment plant has been used as a pilot program on other research projects, with paper being written on such ventures. Hardware has been developed in the city's system. Environmental benefits would be the overall goals. Mr. Gilot noted that the credit for the 15t year would be $142,D00; adding that there would be a "good Fong-term value". Dr. Varner requested copies of the documents which were used during the negotiations with Notre Dame addressing the calculations. Council Member Kelly added that he sees the agreement as being good for both the city and the university. July 19, 2006 Joint Meeting of the Utilities & Public Works and Property Vacation Committees Page 3 Dr. Varner noted that there is a history of reduced casts with credit being given to the University prior to 1976, and then having it re-instated. He noted that some cost-savings have been identified; however there should be agreement on what constitutes acos#-savings and what is hypothetical. There is an agreement with the Environmental Protection Agency (EPA) whereby there are modifications which are mandated to be done by the city. Dr Varner Hated that the proposed ordinance calls for an annual review, with this not taking place unless the current ordinance is modified. This would provide a public process involving the Council for the rate justification, which is also not currently being done. Council Member Pfeifer inquired as to what the hardships would be anti whether the city is actually saving money. She noted that citizens come up to her and ask questions and that she needs relevant information to address these concerns. Mr. Gilot stated that the city is attempting to avoid a consent decree order. He added that after discussion with the Mayor, the Administration sees that more Council oversight in this area would be better. Council President Rouse nofied that the St. Joseph River is one of the city"s major assets. He commended Mr. Gilot and Notre Dame for taking initiatives in this area which may lead to the city and this technology being potential leaders in new developments. He noted that too often dollars for research and technology are being cut back, and the city needs to take certain risks wants it has the opportunity to weigh all fihe relevant data. Council Member Kirsits stated that detailed reporting to the Council would result from the proposed ordinance, which is currently not being done. Paul Kempf from the University of Notre Dame stated that both the university and the city had good intentions when they entered into the agreement. Both acted in good faith. The university has the necessary easements and could instead "just hand it off at Angela". Their goal instead is to work with the city, noting that they have had a relationship since the 195a's. Council Member Kirsits noted that there is a need to also closely Took at the TlF Districts in light of the budget concerns and restraints. He suggested that no action be taken today, with fifteen (15) minutes being earmarked for next Monday fora "final wrap-up" on the proposed ordinance. July ~ 9, 2006 Joint Meeting of the Utilities & Public Warics and Property Vacation Committees Page 4 Miscellaneous Business: Council Member Kirsits inquired about how bad the city was hit last Monday. Mr. Gilot stated that the city received between 2 '/z " to 3 '/z" in two (2) hours, which is significant. The city received calls from over '100 persons regarding basement back-ups. He also noted that there were many streets with curb to curb flooding. There being no further business to come before the joint committees, the meeting was adjourned at 4:20 p.m. Respectfully submitted, Council Member AI "Buddy" Kirsits, Chairperso Utilities Committee ;t~ fd Council Member David Varner, Chairperson Public Works and Property Vacation Committee ~~ Attachments ---