Loading...
HomeMy WebLinkAbout08-09-04 Council Meeting Minutes REGULAR MEETING AUGUST 9, 2004 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,August 9, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At-Large Chairperson, Committee of the Whole Al "Buddy" Kirsits At-Large Karen L. White At-Large President OTHERS PRESENT: Kathleen Cekanski-Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk 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 26, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the July 26, 2004,meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine(9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3363-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING THE INDIANA UNIVERSITY ALUMNI ASSOCIATION ON ITS 150TH ANNIVERSARY. WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that on May 1, 1824,between thirty and forty students arrived at the"State Seminary" in Bloomington, Indiana,to begin their studies, with this educational institution later being renamed to be Indiana University; and WHEREAS, the Common Council further recognizes that Indiana University has grown to have approximately 98,000 students on eight(8) campuses across the state of Indiana; and 1 REGULAR MEETING AUGUST 9,2004 WHEREAS, the Indiana University Alumni Association will celebrate its 150th anniversary on August 2, 2004, with more than 200,000 IU alumni currently working in the state of Indiana; and WHEREAS,the Common Council is also proud to acknowledge that the IUSB Alumni Association, a constituency of the IU Alumni Association was founded in 1974 as the 1st regional IU campus alumni association; and has grown to have more than 25,000 alumni, with approximately 67% remaining in the South Bend area to live and work as community leaders, health care professionals, artists, public servants and involved citizens dedicated to making our community a better place; and WHEREAS, 35% of the teachers, 64% of the optometrists, 75%of the attorneys and 90% of the dentists in Indiana are IU alumni; and that the current South Bend Common Council notes that council Members Derek D. Dieter, Charlotte D. Pfeifer, Ann Puzzello,Dr. David A. Varner, Al "Buddy" Kirsits, and Karen L. White, and City Clerk John Voorde each have an IU connection as a result of their individual studies. 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 commends and congratulates Indiana University Alumni Association as it begins a series of celebrations marking its 150th anniversary. These celebrations are resulting in IU alumni being decked out in crimson outfits being seen throughout the state of Indiana and the country as the festivities continue during the rest of this calendar year. Section II. The South Bend Common Council notes with pride that IU alumni have been a positive and instrumental force for the enrichment of lives in many areas; and that the IU South Bend alumni in particular have been innovative community partners in contributing their many talents for the betterment of our neighborhoods, businesses, and governmental services. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1st District Ervin Kuspa, 6th District Charlotte D. Pfeifer, 2nd District Sean Coleman, At Large Roland Kelly, 3rd District Al "Buddy"Kirsits, At Large Ann Puzzello, 4th District Karen L. White,At Large Dr. David A. Varner, 5th District Kathleen Cekanski-Farrand Council Attorney ATTEST: John Voorde, City Clerk Stephen J. Luecke, Mayor Councilmember Kelly, 1325 E. Wayne Street, 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 City Clerk John Voorde. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. City Clerk John Voorde, thanked the Council for this honor and stated that he would be presenting this Resolution to the Alumni Association at their meeting in November. He 2 REGULAR MEETING AUGUST 9,2004 indicated that the 3rd weekend in November has been dedicated to the anniversary, and as soon as it gets closer to the date, he will provide additional information to the Council on the festivities. Councilmember Ann Puzzello offered comments and thanks to IUSB it was possible for her to obtain her master degree. Councilmember Roland Kelly congratulated IUSB on their success and stated that his daughter graduated from IUSB 32 years ago. Councilmember Coleman made a motion to adopt this Resolution by accalamation. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 3363-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THANKING KEN HERCEG&ASSOCIATES, INC., KANIEWSKI FUNERAL HOMES, INC., RAITT CORPORATION AND FRANK'S PLACE RESTAURANT FOR SPONSORING THE "COUNCIL RULES"SOFTBALL TEAM, THE 2004 CHAMPIONS OF THE SOUTH BEND PARKS &RECREATION ADULT SOFTBALL SUNDAY NIGHT COED LEAGUE C-DIVISION. WHEREAS,the Common Council of the City of South Bend, Indiana, recognizes that partnerships between the private and public sectors help foster positive community relationships and help in the overall promotion of the many fine qualities of the City of South Bend; and WHEREAS, the South Bend Common Council is especially proud to recognizes the four (4) sponsors who stepped up to the plate financially so that the City Council and the City Clerk's Office could field a softball team to participate in South Bend Parks &Recreation Adult Softball Sunday Night Coed League C-Division; and WHEREAS, the Common Council is proud to honor and thank Ken Herceg& Associates, Inc., an engineering/architectural firm located in and committed to downtown South Bend, who is celebrating this year its 20th anniversary of providing such professional services; and WHEREAS, the Council is proud to honor and thank three (3) additional sponsors, namely Kaniewski Funeral Homes, Inc. who has been in business in South Bend since 1919;the Raitt Corporation who has been operating in South Bend since 1956 in the commercial real estate business; and Frank's Place Restaurant who has been in business in South Bend since 1976; and WHEREAS,the victorious "Council Rules"softball team was one of five(5)teams in the C-Division of the South Bend Parks &Recreation Adult Softball Sunday Night Coed League who ended its season by winning the Division with a record of 7-5 against such teams as Honker's Restaurant, Reece Entertainment, Los Chamos and Town&Country Subway. 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 commends and sincerely thanks the owners and employees of Ken Herceg& Associates, Inc., Kaniewski Funeral Homes, Inc., Raitt Corporation and Frank's Place Restaurant for partnering with the South Bend Common Council and the Office of the City Clerk in jointly sponsoring the"Council Rules" softball team so that it could participate in the South Bend Parks & Recreation Adult Softball Sunday Nigh Coed League C-Division. 3 REGULAR MEETING AUGUST 9,2004 Section II. The Common Council notes that with the assistance of these great corporate sponsors, Sunday night entertainment on the softball diamonds will never be the same in our city. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Derek D. Dieter, 1st District Ervin Kuspa, 6th District Charlotte D. Pfeifer, 2"d District Sean Coleman, At Large Roland Kelly, 3r" District Al"Buddy" Kirsits,At Large Ann Puzzello,4"'District Karen L. White, At Large Dr. David A. Varner, 5th District Kathleen Cekanski-Farrand Council Attorney ATTEST: John Voorde, City Clerk Stephen J. Luecke, Mayor 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. 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. Frank Linerello, Ken Herceg, and Greg Kaniewski, graciously accepted the Resolution and commended the"Council Rules" Softball Team on their winning season. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:18 p.m., Councilmember Coleman 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 Coleman, Chairperson, Committee of the Whole,presiding. Councilmember Coleman, noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill, the committee will vote on the disposition of the bill, which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4 REGULAR MEETING AUGUST 9,2004 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five(5)minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five(5)minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty(30)minutes whichever is greater. 7. A five(5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition PUBLIC HEARINGS BILL NO. 35-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4000 BLOCK OF PORTAGE ROAD, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made a motion to entertain the substitute version of this Resolution as on file with the Clerk. Councilmember Dieter seconded the motion which carried by a voice vote of nine(9) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill too the full Council with a favorable recommendation. Mr. Andy Videkovich, Staff Member, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana,presented the report from the Area Plan Commission. Mr. Videkovich, advised that the petitioner is requesting a zone change from"SF1"Single Family and Two Family, "MF2"High Density Multifamily, and"OB"Officer Buffer(Parcel I), "SF1" Single Family and Two Family, and"MF2"High Density Multifamily(Parcel II), and "MF2" High Density Multifamily, "OB" Office Buffer, and"CB" Community Business (Parcel III) to "OB" Office Buffer(Parcel I), "MF2"High Density Multifamily (Parcel II), and"CB" Community Buisness (Parcel III) to allow uses permitted under the"OB" Office Buffer District (Parcel I), uses permitted under the"MF2" High Density Multifamily District (Parcel II), and uses permitted under the"CB" Community Business District(Parcel III). Mr. Videkovich further advised that the currently on site are single-family homes and vacant land. To the north are single-family homes in the County zoned "R"Residential. To the east are single-family homes in the County zoned "R"Residential. To the south is a single-family home in the county zoned"R"Residential and commercial uses in the City zoned"CB" Community Business. To the west are industrial uses in the City zoned"LI"Light Industrial. The district uses and development standards are"OB" Office Buffer promotes the development of small scale office, professional, and business uses. "MF2"Multifamily is established to protect, 5 REGULAR MEETING AUGUST 9,2004 promote and maintain the development of high density multifamily projects. "CB" Community Business provides a location for high volume, high intensity commercial uses. The site plan description is Parcel. I shows what is intended to be a financial institution with a drive-thru and ATM. Residential Bufferyards are provided to the north and west. Parcel II is a multifamily development. Developed open recreational space is required and shown per the ordinance. Variances may be sought for locating the developed recreational space in the required side yard. Also, Maple Road is a dedicated paper street. The petitioner has stated that either the portion of Maple Road that is on this site will be vacated or variances will be sought for setbacks prior to building permits being issued. Parcel III shows what is intended to be a retail and restaurant development. Bufferyards are provided to the south and west. A portion of this site was rezoned under the old City Ordinance to "C" Commercial, "0" Office, and "B"Residential for similar uses in 2003. this petition is adding one more property to the north. Portage Road is a major thoroughfare between the northern parts of the County and South Bend. It is only two lanes at this location. The petitioner is showing acceldecel lanes that will aid in ingress/egress. The staff does recommend a cross-access easement to the south in anticipation of future commercial growth. The site will be serviced by municipal water and sewer from South Bend. The comprehensive Plan states satellite commercial developments should be located along major thoroughfares. This site is in compliance with the comprehensive Plan. There is a large commercial development to the south of the petition area,which is separated by a single residential lot. There is residential zoning and uses to the north along Portage Road. This site is adjacent to an industrial park to the west. Commercial, office and multifamily are all desirable uses for the land. With the demand for these types of services increasing in this part of the City/county,the expansion of the commercially zoned areas will occur as well. This petition may have some negative impacts on the residential property values in the area. With the expansion of commercial areas expected, however, some residential land values may increase as the prospects of commercial development become more likely. As demand for commercial and residential services increase, it is responsible to allow the expansion of the zoning so long as it is done in an orderly fashion. It would be responsible, in this case, to provide a cross-access easement to the south in anticipation of future commercial growth, thereby reducing the need for motorists to pull back onto the highway in order to access adjacent commercial uses. It is the recommendation based on information available prior to the public hearing, that this petition be sent to the Common Council with a favorable recommendation. In the staff's opinion,based on the zoning history of this site and its proximity to a large commercial center to the south, developing this site for the uses intended will provide residents in this part of the County with an expanded range of services. The staff recommends a cross-access easement to the south in anticipation of future commercial growth in the area. Mr. Mike Danch, Danch, Harper & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill on behalf of Salah & Cynthia Hilal and Omar M. Abuhilal. Mr. Danch stated that the petitioner is requesting a rezoning for their properties in the 4000 block of Portage Road, South Bend, Indiana. This requested rezoning will allow for a multi-use development on our clients' property which would contain a financial use and multi-family dwelling units. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING AUGUST 9,2004 BILL NO. 43-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL,NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. Councilmember Varner, Chairperson,Public Works &Property Vacation Committee,reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Richard Deahl,Barnes&Thornburg, 100 N. Michigan Street, 6th Floor, South Bend, Indiana made the presentation for this bill. Mr. Deahl advised that he is representing the petitioner Madison Center, Inc. Mr. Deahl stated that the petitioner requests that the two 14 foot wide North-South alleys located in the center of the property which was formerly owned by Rose Fuel Company be vacated. The reason for this requested vacation is to enable Madison Center to build new patient treatment and office buildings on the former Rose Fuel property. The alleys which are petitioned to be vacated interfere with the construction of these buildings which will be constructed on the land where the alleys presently exist. Neither of these alleys is presently in use and neither of them has been used for a number of years. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Ms. Kathryn Gustafson, President, Midwest Athletic Equipment&Apparel, 517 N. Hill Street, South Bend, Indiana, spoke regarding the alley that runs adjacent to her store. Ms. Gustafson was concerned that if the alley was going to be closed next to her store,that is the only access to her loading dock, for receiving shipments. Councilmember Coleman stated that the alley that Ms. Gustafson is concerned with is not the alley that is up for consideration tonight. Mr. Deahl advised that the petition indicates that the alley way under consideration stops at the south side of the 14 foot east-west alley way which Ms. Gustafson is referring to. The east-west alley way is not under consideration at this time. Councilmember Coleman asked if the Alley runs from Hill Street all the way to Niles Avenue? Mr. Richard Deahl stated that the alley way does extend from Hill Street through to Niles Avenue. Councilmember Coleman asked Council Attorney Kathleen Cekanski-Farrand to read into the record the criteria in which the Council is guided by. She stated that I.C.36-7-3-13 has four basic criteria, there are as follows: 1. That the vacation would not hinder the growth or orderly 7 REGULAR MEETING AUGUST 9.,2004 development of the unit or neighborhood. 2. That the vacation would make access to the land of the agreed person by means of public way difficult or inconvenient. 3. That it would not hinder the public access to a church, school or other public building or place. 4. That it would not hinder the use of a public way by the neighborhood in which it is contiguous. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello, seconded the motion which carried by a voice vote of nine(9) ayes. BILL NO. 44-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS HIGH COURT FROM THE EAST RIGHT OF WAY OF HIGH STREET TO THE END OF THE STREET, FOR A DISTANCE OF 325 FEET,MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF HIGH INDUSTRIAL PARK SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson,Public Works & Property Vacation Committee,reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Greg Kil, Architect, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, Indiana, made the presentation for this bill. Mr. Kil stated that he is representing the South Bend Department of Parks and Recreation, 321 East Walter Street, South Bend, Indiana. Mr Kil stated that Mr. Mike Dyskiewicz, Maintenance Superintendent, South Bend Department of Parks and Recreation was in the audience and available for questions. Mr. Kii stated that the Department of Parks and Recreation requests consideration to vacate High Court and cul-de-sac on the property located at 1020 High Street. The existing High Court Street and Cul-de-sac is a street approximately 300 foot long that terminates into the property controlled by the South Bend Department of Parks and Recreation. There are no other property owners that front onto High Court other than the Park Department. The purpose of the street vacation is to provide a more developable site for the South Bend Department of Parks and Recreation's New Maintenance Facility. Eliminating High Court Street and cul-de-sac will allow the South Bend Park Department to establish the front yard property line and font yard setback along the West lot line along High Street. This will allow the proposed addition and site plan to be developed without a front yard setback encroachment, which would require a variance if High Court were to remain a public street. All utility access easements will be retained. 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. Councilmember Puzzello seconded the motion which carried by a voice vote of nine(9) ayes. BILL NO. 46-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS FOR THE CITY'S SEWAGE WORKS, THE ISSUANCE AND 8 REGULAR MEETING AUGUST 9,2004 SALE OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS,AND OTHER MATTERS CONNECTED THEREWITH Councilmember Kirsits, Chairperson, Utilities Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jack Dillion,Director, Environmental Services, 3113 Riverside Drive, South Bend, Indiana made the presentation for this bill. Mr. Dillon advised that this bill would provide for additions, extensions and improvements to the City's Sewage Works Facility having an aggregate estimated cost of Eleven Million Five Hundred Thousand Dollars ($11,500,000). This ordinance further provides that the funding of this sewage works improvement cost shall be in the faun of revenue bonds payable from revenue generated by customers of the sewage works utility. The revenue bonds authorized to be issued by this ordinance shall not exceed Eleven Million Five Hundred Thousand Dollars ($11,500,000), and shall be on a parity with previous bonds issued for sewage works purposes, i.e., the Sewage Works Revenue Bonds of 1998 in the original amount of$24,095,000 (per Ordinance No. 8919-98) and the Sewage Works Refunding Bonds of 2001 issued in the original amount of$5,240,000 (per Ordinance No. 9270-01). Mr. Dillion recalled those members of the South Bend Common Council who participated in the process for increasing the City's sewer rates last July under Ordinance No. 9442-03 will recall that the Crowe Chizek& Co. Financing Report contained a Capital Improvement Plan prepared by Sewage Works staff. This Plan was based on current and long range needs of the utility. To efficiently and responsibly manage the sewage works facility for the benefit of customers and as an asset for the future growth and development of South Bend, it is important that the City undertake the projects provided for in this current ordinance. These include among other things, certain sewer extensions, back water gate replacement at outfall pipes, separate storm sewer construction in coordination with major road improvements; design work in anticipation of future storm separation projects in areas of the City where basement flooding has been a problem; and the design and construction of basin improvements. He indicated that these and many other projects will maintain and enhance the City's sewage utility. Mr. Phil Faccenda, Barnes &Thornburg, 100 N. Michigan Street, South Bend, Indiana, advised that he is special counsel for this project. 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 Kelly seconded the motion which carried by a voice vote of nine(9) ayes. RISE AND REPORT Councilmember Kuspa made a motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING AUGUST 9, 2004 ATTEST: ATTEST: atd64"—C, 1,._— ohn Voorde, City Clerk Sean Coleman, 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 7:52 p.m. Council President Karen L. White presided with nine(9)members present. BILLS - THIRD READING ORDINANCE NO. 9519-04 AN ORDNANCE 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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH; HIDDEN CREEK, LLC, 20751 JACKSON ROAD This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9520-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4000 BLOCK OF PORTAGE ROAD, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9521-04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF CEDAR STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF NILES AVENUE, FROM THE NORTH RIGHT OF WAY LINE OF MADISON STREET TO THE SOUTH RIGHT OF WAY OF CEDAR STREET FOR A DISTANCE OF 410 FEET AND A WIDTH OF 14 FEET. ALL BEING A PART OF THE ORIGINAL TOWN OF LOWELL, NOW THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. 10 REGULAR MEETING AUGUST 9,2004 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Puzzello seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9522-04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS HIGH COURT FROM THE EAST RIGHT OF WAY OF HIGH STREET TO THE END OF THE STREET, FOR A DISTANCE OF 325 FEET, MORE OR LESS AND A WIDTH OF 50 FEET. BEING A PART OF HIGH INDUSTRIAL PARK SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9523-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS,EXTENSIONS AND IMPROVEMENTS FOR THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS,AND OTHER MATTERS CONNECTED THEREWITH This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3364-04 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 1121 SAINT PETER 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 thirty(30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and 11 REGULAR MEETING AUGUST 9,2004 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 from the property located at: 1121 Saint Peter Street, South Bend, Indiana 46617 in order to permit A special exception for an accessory dwelling for an SF2 property as provided for in section 21- 02.02(a)(2)(F) 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. 2. 3. The approval will not be injurious to the public health, safety,morals, and general welfare of the community; The use and value of the area adjacent to the property included in the special Exception will not be affected in a substantially adverse manner, The need for the special exception arises from specific conditions peculiar to the property involved, 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought, and 5. The approval does not interfere substantially with the Comprehensive Plan Adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Counci with a favorable recommendation. Mr. Brent Bajdek, Assistant Zoning Administrator, Building Department, 125 S. Lafayette Blvd, Suite 100, South Bend, Indiana, gave the Board of Zoning Appeals report. Mr. Bajdek advised that the petition is for a special exception for Robert and Margaret Kloska. They are seeking the special exception to allow for an accessory dwelling on property located at 12 REGULAR MEETING AUGUST 9,2004, 1121 N. St. Peter Street. Upon deliberations of the Board of Zoning Appeals the petition is sent to the Common Council with a Favorable Recommendation. Mr. Robert Kloska, 1121 N. St. Peter, South Bend, Indiana, made the presentation for this bill. Mr. Kloska informed that he and his wife purchased the property in November of 2003, and have been improving it since. There is a 90 year old small building in our property that came equipped with electricity, gas heat,telephone line, and cable television. It has a history of being used as an accessory dwelling. Mr. Kloska stated that he would like to gain a special exception to enable us to use the building in that same way. 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 Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Due to inclement weather Council President White entertained a motion to recess and evacuate to the basement. Councilmember Coleman made a motion to that effect, seconded by Councilmember Dieter. The motion carried by a voice vote of nine (9) ayes. The meeting was called back to order at 8:15 p.m. RESOLUTION NO. 3365-04 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 211-213 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR DILLINGHAM HILL RE, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 211-213 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: The land and all improvements now or hereafter located thereon, located at the intersection of Washington Street and Main Street in the City of South Bend, County of St. Joseph, State of Indiana, being more particularly described as follows: PARCEL I: Lots Numbered Two Hundred Thirty-Nine (239) and Two Hundred Forty (240) as shown on the Original Plat of the Town, now City of South Bend, Indiana; Also, a parcel of land to the West of and adjacent to Lots 239 and 240 as shown on the Original Plat of the Town, now City of South Bend, Indiana, more particularly described as beginning at the Southwest corner of said Lot 240; thence North along the West line of said Lots to the Northwest corner of said Lot 239; thence West 14 feet; thence South to a point 14 feet West of the point of beginning; thence East 14 feet to the point of beginning. Together with the appurtenant rights and easements in Parcel II and Parcel III (hereinafter described) granted under the terms of a certain Easement granted by 13 REGULAR MEETING AUGUST 9,2004 American National Bank and Trust Company of South Bend, now Valley American Bank and Trust Company, to Pak Joint Venture, dated November 3, 1970 and recorded November 6, 1970 in Deed Record 732, Pages 299 and 300, as corrected by a correcting affidavit recorded November 16, 1970 in Deed Record 732, Page 454 (as to Parcel II) and dated November 11, 1970 and recorded November 16, 1970 in Deed Record 732, Pages 455 and 456 (as to Parcel III), in the Office of the Recorder of St. Joseph County, Indiana, and granted, expanded and confirmed by Agreement Confirming Easement from V.B.T. Realty Corp., an Indiana Corporation, to the Main and Washington Joint Venture dated January 16, 1984 and recorded April 6, 1984 as Document Number 8406169 in the Office of the Recorder of St. Joseph County, Indiana, and further granted, expanded and confirmed by Second Confirmation of Easements between Valley American Bank and Trust Company and V.B.T. Realy Corp., dated April 6, 1984 and recorded April 6, 1984 as Document Number 8406170 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING THEREFROM that portion of the easement described as Lot One (1) of the Valley American Bank Washington Street Minor Subdivision in the City of South Bend, dated October 10, 1998 and recorded November 20, 1998 as Instrument No. 9860383 in the Office of the Recorder of St. Joseph County, State of Indiana. Parcel II and Parcel III are located in the City of South Bend, County of St. Joseph, State of Indiana, and are more particularly described as follows: PARCEL II: Beginning at the Southeast corner of Lot Numbered Two Hundred Forty Three (243) as shown on the Original Plat of the Town, now City of South Bend, Indiana; thence North, on and along the East line of said Lot 243, 66 feet, more or less, to the South line of an alley that is 14 feet wide and is known as Columbia Court; thence East, on and along said South line of said alley, 15 feet to a point; thence South 66 feet, more or less, to a point on the North line o f Lot 239 in said Original Plat; thence West, on and along said North line of said Lot 239, 15 feet to the point of beginning. PARCEL III: Part of Lot Numbered Two Hundred Thirty-Eight (238) as shown on the original Plat of the Town, now City, of South Bend, Indiana, more particularly described as follows: Beginning at a point 1.0 feet East of the Southwest corner of said Lot 238; thence North parallel with the West line of said Lot 238, 12.80 feet; thence East parallel with the South line of said Lot 238, 7.80 feet; thence South parallel with said West line of said Lot 238, 7.47 feet; thence East parallel with the South line of said Lot 238, 21.63 feet; thence South parallel with the West line of said Lot 238, 5.33 feet to a point on said South line of said Lot 238; thence West, on and along said South line of said Lot 238, 29.43 feet to the point of beginning. PARCEL IV: Lot One (1) of the Valley American Bank Washington Street Minor Subdivision in the City of South Bend, dated October 19, 1998 and recorded November 20, 1998 as Instrument No. 9860383 in the Records of St. Joseph County, State of Indiana. and which has Key Numbers 18-1008-0321 and 18-1012-047701, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1- 14 REGULAR MEETING AUGUST 9, 2004 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and fords that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, Indiana and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6)years. 15 REGULAR MEETING AUGUST 9,2004 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee held a Public on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jason Pettinelli, 211 West Washington Street, Suite 1825, South Bend, Indiana, made the presentation for this bill. Mr. Pettinelli informed that Dillingham Hill RE, LLC., plans to rehabilitate The City Center Building located in Downtown South Bend. Upon completion of this project the building name will he changed to the Chase Building. The rehabilitation includes remodeling of the lobby area of the hotel portion of the building, repairing the swimming pool, making improvements to the office portion of the building and to the parking area and elevators, and repairing and improving the heating, cooling and other services provided to guests and tenants of the building. The total cost of the project is estimated to be between$1,200,000 and$1,700,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3366-04 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 1813 AND 1817 NORTH ELMER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common.Council of the City of South Bend, Indiana requesting that the area commonly known as 1813 and 1817 North Elmer Street, South Bend, Indiana,and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1813 North Elmer Street Lot 439 Marquette Hts 18-2117-4320 1817 North Elmer Street Lot 440 Marquette Hts 18-2117-4316 16 REGULAR MEETING AUGUST 9,2004 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE,BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection)will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed 17 REGULAR MEETING AUGUST 9,2004 within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, Chairperson, Community and Economic Development Committee,reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Michael Urbanski, Garden Homes by E.L. Inc., 17874 State Road 23, South Bend, Indiana, made the presentation for this fill. Mr. Urbanski stated that Garden Homes by E.L. Inc.,proposes to build a new single family home to be located at 1817 North Elmer. The home will be 1,036 square feet, with three bedrooms, an attached garage, and vinyl siding. The estimated value of the home is expected to be $90,000. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS, FIRST READING 18 REGULAR MEETING AUGUST 9, 2004 BILL NO. 47-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2600 BLOCK OF PRAIRIE AVE. AND THE 2900 BLOCK OF LOCUST ROAD, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine(9) ayes. BILL NO. 48-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "TAXABLE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2004 (ERSKINE COMMONS PROJECT)" AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on August 23, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine(9) ayes. UNFINISHED BUSINESS Councilmember Dieter advised that beginning August 17, 2004 at 6:30 p.m. the Budget Hearing Process begins. He encourage the public to attend. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. DARVIS JONES CONCERNING THE TOWING OF HIS VEHICLE Mr. Darvis Jones, 1228 South Bend Avenue, South Bend, Indiana informed the Council that on June 25, 2004 his wife was involved in a car accident. When the police arrived on the scene and after information was gathered it was determined that Mrs. Jones' drivers license was suspended and she had no proof of insurance. However, Mr. Jones indicated that he had insurance and that the claims adjuster from Progressive Auto Insurance was on the scene. Mr. Jones stated that his wife's license was suspended and that she had fulfilled the requirements to reinstate her license. Mr. Jones further informed the Council that he has gone to court on Friday,August 6, 2004 and the case was dismissed. He went to get his car out of impound, and drove home. However, shortly after returning home the tow truck was back at his residence and towed the vehicle again. Mr. Jones stated that the tow truck driver said that the bill was not paid. Mr. Jones was under the impression the bill was taken care of. Councilmember Puzzello stated that she has been trying to help Mr. Jones and will continue to do so. ANNOUNCEMENT OF NEXT MEETING DATE. Council President White announced that the next meeting of the Common Council will be held on Monday, August 23, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:25 p.m. 19 REGULAR MEETING AUGUST 9,2004 ATTEST: ATTEST: 'ohn oorde, City Clerk Karen L. White,President 20