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HomeMy WebLinkAbout06-09-08 Common Council Minutes REGULAR MEETING JUNE 9, 2008 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, June 9, 2008 at 7:00 p.m. The meeting was called to order by Council President Rouse and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, Chairperson Committee of the Whole Henry Davis, Jr. 2nd District Thomas LaFountain 3rd District Ann Puzzello 4th District David Varner 5th District Oliver Davis 6th District Vice-President Timothy Rouse At-Large President Karen L. White At-Large Absent: Al “Buddy” Kirsits At-Large OTHERS PRESENT: John Voorde City Clerk Janice I. Talboom Deputy City Clerk Kathleen Cekanski-Farrand Council Attorney Absent: Mary Beth Wisniewski Chief Deputy 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 May 27, 2008, meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Timothy A. Rouse s/David Varner Councilmember Oliver Davis made a motion that the minutes of the May 27, 2008 meeting of the Council be accepted and placed on file. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3870-08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND COMMENDING ALL POLICE OFFICERS SERVING IN THE SOUTH BEND POLICE DEPARTMENT HONOR GUARD Whereas, the Common Council notes that the names of 358 fallen Law Enforcement Officers were formally dedicated on the Law Enforcement Officers Memorial in Washington, D.C. last month, with this memorial now including the names of 18,274 peace officers who were killed in the line of duty throughout the history of the United States of America; and 1 REGULAR MEETING JUNE 9, 2008 , Whereas the South Bend Common Council is especially proud to recognize that the 16-member South Bend Police Department Honor Guard was selected from over 400 national and international departments, to be one of the official Color Guards to participate in this year’s National Law Enforcement Memorial Services, with this prominent honor of selection being bestowed only upon the following six (6) Police Honor Guards: Aurora, Colorado Police Department Cleveland Heights, Ohio Police Department Puerto Rico Police Department San Antonio, Texas Police Department South Bend, Indiana Police Department United States Border Patrol – Texas District , Whereas the South Bend Common Council believes, that each of the members of the South Bend Police Department Honor Guard should be individually recognized. Each officer has committed himself to the highest standards of professionalism and many services during the Fraternal Order of Police, Lodge # 36 and the City of South Bend’s annual tribute and memorial service where each of the fifteen (15) South Bend Police Department Officers, who have given their lives in the line of duty, are honored. The South Bend Police Department Honor Guard, selected by the National Law Enforcement Officers Memorial (NLEOM) Committee, include the following police officers: Alan Delinski Jonathon Gray Antonio Pacheco Terry Santa Gene Eyster Scott Hanley Jeff Ransberger Kenneth Stuart Dorian Finley Kris Hinton Rick Ruszkowski Kelly Waite Geoff Forizs Dan Lawecki Scott Ruszkowski Mark Walsh 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 honors and thanks each of the sixteen (16) members of the South Bend Police Department Honor Guard for their dedication, commitment and professionalism in providing exemplary Honor Guard services. Section II. The South Bend Common Council recognizes that the South Bend Police Department Honor Guard, in addition to being selected for the distinct honor of participating in this year’s National Law Enforcement Officers Memorial Week Services in Washington D.C.; also participated in South Bend’s annual memorial service honoring our fallen police officers; provided vital honor guard services at the funeral service of Indiana State Trooper Dan Barrett; provided honor guard services at the presentation of the colors for the U.S. Attorney’s Conference; organized the candle light vigil for the late Nick Polizzotto; participated in the presentation of the 2008 Indiana State Fallen Officers Memorial; and was the lead unit in the South Bend West Side Memorial Day Parade honoring our fallen Veterans. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney th Attest: Adopted this 9 day of June, 2008 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING JUNE 9, 2008 Councilmember Ann Puzzello, 1247 E. LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering her comments and then reading the Resolution in its entirety and presenting it to Captain Terry Young, Sgt. Gene Eyster, Terry Santa, and Mark Walsh. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember’s Oliver Davis and Derek Dieter thanked Captain Young and all the members of the Honor Guard. They expressed their gratitude and stated that they are extremely proud of them. Councilmember Puzzello made a motion to adopt this Resolution by acclamation. Councilmember White seconded the motion which carried. RESOLUTION NO. 3871-08 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 GERMAN TOWNSHIP, AUTEN CONNECTOR ANNEXATION AREA WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.59 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 24.00% contiguous, generally located on the east side of Mayflower Road approximately a quarter mile south of Adams Road. It is anticipated that the annexation area will be developed as a roadway by the City of South Bend. This development 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, and snow removal, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non- capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the 3 REGULAR MEETING JUNE 9, 2008 corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. 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 German Township, St. Joseph County, Indiana be annexed to the City of South Bend: LEGAL DESCRIPTION: A PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 17 AT A POINT 1330.1 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE EAST ALONG THE NORTH LINE OF PARCEL II AS DESCRIBED IN A WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0807739 IN THE OFFICE OF RECORDER OF SAID COUNTY, A DISTANCE OF 1466.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID NORTH LINE, A DISTANCE OF 274.00 TO THE EAST LINE OF PARTITION LOT NO. 2 AS SHOWN ON THE PARTITION MAP IN DEED RECORD 56, PAGE 271 IN THE OFFICE OF SAID RECORDER; THENCE SOUTH, A DISTANCE OF 253.00 FEET; THENCE WEST, A DISTANCE OF 274.00 FEET; THENCE NORTH, A DISTANCE OF 253.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.59 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, COVENANTS, RESTRICTIONS AND RIGHT-OF-WAY OF RECORD. ALL BEARING AND DIMENSIONS ARE PER SAID RECORDED INSTRUMENTS REFERENCED HEREIN. 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 to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that with its construction of the proposed roadway, the City of South Bend will also extend the public sewer network and water main to the annexation area. Once constructed, any extension of these services for future development of the adjacent 4 REGULAR MEETING JUNE 9, 2008 land will be paid by the developer of the adjacent land who will also pay for any street lighting, parking, sidewalks and similar improvements of the adjacent land including a drainage plan, all subject to the latest State and City of South Bend standards and ordinances. Section IV. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jeff Vitton, Community Development Planner, Community & Economic th Development, 12 Floor County-City Building, South Bend, Indiana made the presentation for this bill. Mr. Vitton advised that this annexation area is generally located on the east side of Mayflower Road approximately a quarter mile south of Adams Road. This is the first phase of annexations that will yield an extension of Auten Road. The annexation area is approximately 9.77 acres in area and is 12.5% contiguous to the current City limits. The Annexation area currently contains one single-family home with one occupant. The existing home is slated to be removed for the extension of Auten Road by the City of South Bend utilizing TIF funds. The site is zoned “R” Residential in unincorporated St. Joseph County. Per the municipal code, the annexation area will be zoned “SF1” Single Family Residential upon approval by the Council and incorporation into the City of South st Bend. The annexation area will be located in the 1 District. Mr. Vitton noted that currently, there is no sanitary sewer on any boundary of this site. A sanitary sewer plan for this and surrounding areas is under study, but has not yet been adopted. Sewer services will be constructed and provided when the road is developed. The South Bend Water Works currently has a 12” water main on the west side of Mayflower Road that is looped at Brick and Adams Roads. There should be more than adequate capacity for the annexation area. Water services will be provided to adjacent areas of the roadway when the road is constructed. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36-9-22-2, I.C. 8-1.5-3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Currently, there are no public improvements in the annexation area. The full array of improvements will be extended with the proposed roadway for future service to adjacent areas. Water and sewer services will be constructed with the roadway at an estimated cost of 1.3 million dollars per lane-mile. The roadway is expected to be a four lane boulevard and approximately 10,250 long. No waivers of annexation are in effect for the annexation area. The Annexation Area would be expected to be added to the already existing Beat 22. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems and the costs for servicing this area would be absorbed by the existing budget of the Police Department. Mr. Vitton addressed that the City provides a fully staffed, full time fire department. The Annexation Area will be serviced primarily by Station #11, located at 3505 N. Bendix Road, approximately 2.7 miles away. Additional Fire Department units would respond from Fire Station #7 located at 1616 Portage Avenue which is approximately 5.6 miles away and Fire Station #2 at 430 Martin Luther King Dr., which is approximately 7.0 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. The City, under contract with St. Joseph County, 5 REGULAR MEETING JUNE 9, 2008 provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. Upon incorporation, the Annexation Area will be serviced by Medic #4, also located at Fire Station #4, located at 220 N. Olive Street and Medic #3, located at Fire Station #2, 402 Martin Luther King Drive. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times and with no additional increase in manpower. The Department will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the Annexation. Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. While the annexation currently has one residence, the proposed land use will not require services. This annexation is consistent with City Plan. 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 Dieter seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis) WELCOMED MR. JARED SHARKEY TROOP #111 FROM ST. MATTHEW’S Council President Rouse recognized Mr. Jared Sharkey and thanked him for attending the Council Meeting this evening. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:20 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter, Chairperson, Committee of the Whole, presiding. Councilmember Dieter explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Dieter stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 23-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 1, WAGGONER FARM DEVELOPMENT, L.P. 51270 MAYFLOWER ROAD, SOUTH BEND, INDIANA Councilmember Oliver Davis, Vice-Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mr. John Phair, President, Holladay Properties, 227 South Main Street, Suite 300, South Bend, Indiana, made the presentation for this bill. 6 REGULAR MEETING JUNE 9, 2008 Mr. Phair stated that this petition is for voluntary annexation of 9.77 acres located in German Township, St. Joseph County, Indiana and has been filed by 100% of the owners of the land in the territory sought to be annexed. Mr. Phair stated that the Portage Prairie project is approximately 450 acre master plan community located at the intersection of 31 By-Pass and Adams Road. He stated that one day he hopes that it will generate traffic at least equivalent to the traffic that surrounds the University Park Mall area. To accommodate that kind of traffic during the master planning process, one of the identified areas was to provide for the future traffic needs in that area. The major east-west road on the north side of South Bend and the Community is Auten Road. Auten Road currently has a bridge over the St. Joseph River, but dead ends into Portage Avenue. The only other road servicing this property development from the East to the West is Adams Road. Adams Road is not accommodative to a large increase in traffic. An alternative route has been identified and as luck would have it, one of the key parcels became available and that is this parcel in question tonight. Mr. Phair estimated that the traffic growth is approximately three (3) to five (5) years away before it will be built upon, but think that it is very important to annex this parcel and provide for this future roadway system. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill and set it for Third Reading on June 23, 2008. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember White made a motion to hear the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White, Chairperson, Health and 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 a favorable recommendation. Councilmember’s White and Rouse shared their concerns regarding this bill. They advised that they are concerned for the well being of all City employees and feel that they should be able to work in a safe environment. th Thomas Bodnar, Assistant City Attorney, 14 Floor County-City Building, 1618 E. LaSalle Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Bodnar advised that this bill would amend Chapter 13, Article 10 of the South Bend Municipal Code concerning firearms. He stated that this section was originally adopted in February 1994 pursuant to “Home Rule” powers granted to local municipalities. Thereafter, the Indiana legislature enacted I.C. 35-47-11 which severely restricts a city’s ability to regulate the sale, transfer, and transportation of firearms. Nonetheless, under I.C. 35-47-11-2 a city retains authority to restrict firearms (1) on its own property, (2) within two hundred (200) feet of a school, and (3) in the event of a declared emergency for a period up to seventy-two (72) hours. Mr. Bodnar ordinance deletes those portions of Chapter 13, Article 10, Sections 94 et seq. of the South Bend Municipal Code which are inconsistent with or in derogation of I.C. 35-47-11-2 while exercising the residual regulatory powers over firearms granted to cities by state law. This is in order to protect employees, invitees, and visitors on City property; it restricts firearms on City property. Councilmember Oliver Davis questioned about City owned buildings. 7 REGULAR MEETING JUNE 9, 2008 Kathleen Cekanski-Farrand stated that Section 13-95 of the ordinance states buildings on or administered by the City. She noted that under signage requirements it states all buildings. Ms. Cekanski-Farrand stated that under Section 13-96 states that any person found with a firearm on city premises. She stated that what the Council is looking for is consistency. That if the bill is going to state City owned or City premises, it needs to be consistence, because it is not defined in this ordinance. She reiterated that the Council would like to see the same terminology in those sections. th Mayor Stephen Luecke, 14 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, stated that the Council’s cares and concerns are highly welcomed regarding this ordinance. He stated that the Council can refine it to make it do what it should to protect the employees and citizens of South Bend. He encouraged the Council to send suggestions where this ordinance needs improvement. Mayor Luecke thanked the Council for their support of this bill so that the employees who work in a variety of locations around the City have the opportunity to not be intimidated by individuals carrying guns at those locations. Councilmember Varner made a motion to continue this bill until the June 23, 2008, meeting of the Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember White suggested a timeline be established to address the Council’s concerns regarding Bill 26-08. She stated that as Chairperson of the Health and Public Safety Committee she would be willing to schedule a committee meeting. She stated that looking at the Ordinance and the concerns that were expressed during the Committee Meeting this afternoon, but also during the informal meeting that the Council needs to outline those concerns and put them in writing and that they are shared with the Administration, before the June 23, 2008 meeting. Councilmember Dieter stated that all Councilmember’s should put their concerns in writing by Friday, June 13, 2008 and then set a date to meeting with the Administration to address those items. BILL NO. 33-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE FOR PREAPPROVED PAYMENT OF CLAIMS Councilmember Puzzello made a motion to continue this bill until the June 23, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $161,945 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS Councilmember White made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this Committee met on this substitute bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. th Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 8 REGULAR MEETING JUNE 9, 2008 Ms. Fanello stated that this substitute bills appropriates monies from General Fund (#101) for the costs of the 2007 election. This substitute bill reflects the actual costs of $161,945.00. These costs were incorrect in the original amount which showed $218,963. 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 White made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 34-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND Councilmember Dieter, Chairperson, Community & Economic Development Committee, reported that this Committee held a Public Hearing on this bill this afternoon to hear the pros and cons of this bill and sends it to the full Council with a favorable recommendation. th Ms. Ann Kolata, Senior Redevelopment Specialist, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Kolata stated that his bill would allow for the appropriation of $40,000 for a United Stated Environmental Protection Agency Brownfield Site Assessment Grant and $6,000 from the Indiana Finance Authority Federal Matching Grant Incentive program within Fund 209 for site assessment activities in the City of South Bend. The funds will be used to continue the citywide assessment program on sites impacted by petroleum products. This could include former gas stations on our commercial strips as well as other petroleum sites. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dieter questioned on when the money runs out, is it possible to apply for another grant. Ms. Kolata advised that yes, however, it has a long lead in time. Councilmember Rouse asked if there was a waiting list. Ms. Kolata stated surprisingly not. She stated that most don’t come forward to state that they suspect a problem, so there in essence there is not a waiting list. 9 REGULAR MEETING JUNE 9, 2008 BILL NO. 35-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this Committee met on this bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mr. Don Inks, Director, Economic Development, 1200 County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill would fix rates at City owned parking garages. Redevelopment Staff requests the monthly rate charged for Colfax Street Parking Garage, Wayne Street Parking Garage and Leighton Plaza Parking Garage be established at $45.00 for monthly standard parking per vehicle in the area located above the gates and $55.00 monthly premium parking vehicle in areas marked as reserved. Mr. Inks stated that all of these garages are operated by AMPCO System on behalf of the Commission. 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 asked how long the life expectancy will be extended by the renovation at the Colfax Parking Garage. Mr. Inks stated ten (10) years. Councilmember Dieter asked if there has ever been any discussion on having separate rates for resident/non-resident. Mr. Inks replied that might be too difficult a task. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Rouse made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 36-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 10 REGULAR MEETING JUNE 9, 2008 Councilmember LaFountain, Chairperson, Personnel & Finance Committee, reported that this Committee met on this bill this afternoon and voted to send this bill to the full Council with a favorable recommendation. th Catherine Fanello, City Controller, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Ms. Fanello stated that this bill would authorize the City of South Bend to issue up to $23,400,000 in 2008 Property Tax Anticipation Warrants. The actual borrowing will be on an as-needed basis and will depend on the actual cash flows in the General Fund, Parks and Recreation Fund and Hall of Fame Debt Service Fund. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 37-08 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING A SECOND ADDENDUM TO LEASE FOR CERTAIN ADDITIONAL PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Puzzello made a motion to continue this bill until the June 23, 2008 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Derek D. Dieter, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:58 p.m. President Timothy Rouse presided with eight (8) members present. BILLS – THIRD READING 11 REGULAR MEETING JUNE 9, 2008 ORDINANCE NO. 9843-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO APPROPRIATE $161,945 FROM GENERAL FUND (#101) FOR 2007 ELECTION COSTS This bill had third reading. Councilmember Dieter made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one nay (Councilmember Dieter.) ORDINANCE NO. 9844-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $40,000.00 OF GRANT FUNDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND $6,000.00 FROM THE INDIANA FINANCE AUTHORITY FEDERAL MATCHING GRANT INCENTIVE PROGRAM WITHIN FUND 209 FOR THE PURPOSE OF CONDUCTING BROWNFIELD SITE ASSESSMENT ACTIVITIES IN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9845-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING MONTHLY PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9846-08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE MAYOR AND/OR CONTROLLER OF THE CITY OF SOUTH BEND, INDIANA, TO MAKE TEMPORARY LOANS TO MEET CURRENT OPERATING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2007, AND COLLECTABLE IN THE YEAR 2008 AUTHORIZING THE ISSUANCE OF TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON 12 REGULAR MEETING JUNE 9, 2008 This bill had third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3872-08 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 SOUTH OF 60150 IRONWOOD DRIVE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 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 south of 60150 Ironwood Drive, also being proposed Lot 2 in the proposed Crescent Oaks, Section one Subdivision, in order to allow a temporary sales office to be located within a trailer. The property is zoned “SF1” Single Family and Two Family Residential District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 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. 13 REGULAR MEETING JUNE 9, 2008 SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & 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. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a special exception for Tampico Development to allow for the temporary location of a trailer for a sales office on property located on Lot 2 of the proposed Crescent Oaks Subdivision. Mr. Bulot stated that this petition is sent to the Common Council with a favorable recommendation. Mr. Derek Spier, Planner, Abonmarch Consultants, LLC, 750 Lincoln Way East, South Bend, Indiana, made the presentation for this bill. Mr. Spier advised that the special exception is to allow a temporary sales office to be located within a trailer placed upon proposed Lot 2 with the proposed Crescent Oaks, Section One subdivision. Mr. Spier noted that this special exception will allow the trailer to be used as a sales office until a model home is constructed upon proposed Lot 1 within the development. He noted that it is estimated that the trailer will function as the sales office for approximately four (4) to six (6) months, which is when a model home on proposed Lot 1 will begin to be used for this purpose. A Public Hearing was held on the Resolution at this time There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3873-08 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 1101 SOUTH MICHIGAN STREET, SOUTHWEST CORNER OF GARST AND SOUTH MICHIGAN STREETS, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. 14 REGULAR MEETING JUNE 9, 2008 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: 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: 1101 South Michigan Street (Southwest corner of Garst and South Michigan Streets) South Bend, IN 46601 In order to permit: Commercial parking lot to serve the off-site location at 121 Garst Street. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 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 approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & 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. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a special exception to allow for off site parking on property located at 1101 S. Michigan Street, zoned “Mixed Use”. Mr. Bulot stated that this petition is sent to the Common Council with a favorable recommendation. Mr. Bill Lamie, 922 East Wayne Street, South Bend, Indiana, Consultant, for the Petitioner Real Service, Inc., made the presentation for this bill. 15 REGULAR MEETING JUNE 9, 2008 Mr. Lamie advised that the petitioner is seeking a Special Exception for a commercial parking lot to serve the off-site location at 121 Garst. He noted that they are seeking a variance from the required perimeter and parking landscaping and also the required twenty (20) feet setback for parking areas along Michigan and Garst Street to zero (0) feet. A Public Hearing was held on the Resolution at this time There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3874-08 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 121 GARST STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 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: 121 Garst Street South Bend, IN 46601 In order to permit: Special Exception Use for Food Sales and Service SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 16 REGULAR MEETING JUNE 9, 2008 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 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 approval by the Mayor. s/Timothy A. Rouse Member of the Common Council Councilmember Oliver Davis, Vice-Chairperson, Zoning & 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. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a special exception to allow for food sales and service in a “lI” Light Industrial District, on property located at 121 Garst Street, zoned “Mixed Use.” Mr. Bulot stated that this petition is sent to the Common Council with a favorable recommendation. Mr. Bill Lamie, 922 East Wayne Street, South Bend, Indiana, Consultant, for the Petitioner Real Service, Inc., made the presentation for this bill. Mr. Lamie advised that the petitioner is seeking a Special Exception for Food Sales and Services. He stated that the special exceptions are from the required 5.5 parking spaces to a combination of 4 on-site and 29 off-site parking spaces. He stated that they are seeking a variance from the required front yard setback of thirty (30) feet to two (2) feet eight (8) inches. Also from the required perimeter and parking landscaping, the required clear site area of twenty-five (25) feet away from the intersection of Garst and Main Street right-of-way lines as indicated, to five (5) feet, and from the required twenty-five feet front yard for parking along Garst Street to three (3) feet five (5) inches. A Public Hearing was held on the Resolution at this time There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3875-08 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 900 BLOCK OF OLIVER PLOW COURT, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and 17 REGULAR MEETING JUNE 9, 2008 WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 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: (900 Block of Oliver Plow Court, South Bend, Indiana) In order to permit: The approval of a special exception to allow for an outside storage area of 188,000 square feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 square feet (i.e. 50% of the proposed lot property area of approximately 6.47 acres) for property located in the 900 Block of Oliver Plow Court, South Bend, Indiana, per Section 21-04-02(2)(B)(iii) of the City of South Bend Zoning Ordinance. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 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 approval by the Mayor. s/Timothy A. Rouse Member of the Common Council 18 REGULAR MEETING JUNE 9, 2008 Councilmember Oliver Davis, Vice-Chairperson, Zoning & 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. Chuck Bulot, Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Bulot advised that the petitioners are seeking a special exception to allow for an outside storage area 188,000 square feet which exceeds the allowed outside storage area of 140,917 square feet in a “GI” General Industrial District, on property located in the 900 block of Oliver Plow Ct. Mr. Bulot stated that this petition is sent to the Common Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner, The City of South Bend, Department of Economic Development. Mr. Danch advised that the Special Exception for the property located in the 900 Block of Oliver Plow Court, will allow the petitioner to increase the amount of area of their property that can be used for outside storage. Mr. Danch stated that the approval of the proposed Special Exception will fit with the existing industrial uses in this port of the Oliver Plow Industrial Park. A Public Hearing was held on the Resolution at this time There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Dieter made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS – FIRST READING BILL NO. 38-08 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO VACATED IS DESCRIBED AS THE FIRST EAST-WEST ALLEY APPROXIMATELY 400 FEET+ FROM THE NORTH LINE OF INDIANA AVENUE, AND THE EAST RIGHT- OF-WAY LINE OF FRANKLIN STREET, FOR A DISTANCE OF 165 FEET+ AND A WIDTH OF APPROXIMATELY 14 FEET. PART SITUATED ST IN STULL’S 1 ADDITION TO THE TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 23, 2008. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 39-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2008 INCLUDING $500,000 FROM GENERAL FUND (#101), $100,000 FROM PARKS AND RECREATION GENERAL FUND (#201), $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX FUND (#408) 19 REGULAR MEETING JUNE 9, 2008 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on June 23, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 40-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN CAPITAL EXPENDITURES IN 2008 INCLUDING $1,500,000 FROM GENERAL FUND (#101), $1,000,000 FROM MAJOR MOVES CONSTRUCTION FUND (#412), $140,000 FROM LOCAL ROADS AND STREETS FUND (#251), $300,000 FROM MOTOR VEHICLE HIGHWAY (#202), $200,000 FROM WATER WORKS CAPITAL (#622), $360,000 FROM SEWAGE WORKS SINKING FUND (#649), AND $820,000 FROM SEWAGE WORKS CAPITAL FUND (#642) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 23, 2008. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 41-08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 9801-07 TO CHANGE THE FUND FROM WHICH FUNDS ARE TO BE APPROPRIATED FROM THE MOTOR VEHICLE HIGHWAY FUND (#202) TO MAJOR MOVES FUND (#412) This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 23, 2008. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42-08 FIRST READING ON A SECOND BILL AMENDING ORDINANCE 9790-07 FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2008 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel & Finance Committee and set it for Public Hearing and Third Reading on June 23, 2008. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS 20 REGULAR MEETING JUNE 9, 2008 BILL NO. 08-15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE OLD TARGET STORE RETAIL COMPLEX LOCATED ON THE NORTH SIDE OF MCKINLEY AVENUE JUST WEST OF HICKORY ROAD AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) REAL PROPERTY TAX ABATEMENT FOR MCKINLEY APARTMENTS HOUSING PARTNERS, LP Councilmember Dieter made a motion to strike Bill 08-15 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the President Timothy Rouse adjourned the meeting at 8:30 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Timothy Rouse, President 21