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HomeMy WebLinkAbout10-25-04 Council Meeting Minutes REGULAR MEETING OCTOBER 25, 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, October 25, 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 October 11, 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 October 11, 2004, meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS COUNCIL DISTRICT UPDATES —6th DISTRICT COUNCILMEMBER ERVIN KUSPA Councilmember Kuspa advised that the 6th District is beginning to revitalize and stated that the citizens living in the 6th District are the greatest people. Councilmember Kuspa advised that the Mary Crest Building and old Romy Hammes Building are being renovated. Rose Fuel has moved into the old Oliver Plow Site. The South Bend Chocolate Factory thrives in the old South Bend Toy Company building. A new addition to the 6th District is the A.J. Wright Company, who serve as a distribution and warehouse for T.J. Maxx Department store. The Rum Village area is being revitalized and the Ewing Avenue entrance is getting a face lift. The Belleville Softball Complex was host to the Olympic Champion Women's Softball Team, and is a great attraction to the 6th District. The Weed& Seed Neighborhoods Program administered through the Department of Community and Economic Development has provided Law Enforcement, Community Policing, and Safe Havens in the District. The 6th District has so much to offer and the anticipation of new growth is being anxiously awaited. 1 REGULAR MEETING OCTOBER 25, 2004 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m., Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, j 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. 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. 59-04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE EAST SIDE OF CHAPIN STREET NORTH OF SAMPLE STREET TO UNITED DRIVE AND APPROXIMATELY 720 FEET OF UNITED DRIVE RUNNING EAST FROM CHAPIN STREET Councilmember Pfeifer made a motion to continue this bill until the November 8, 2004 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 2 REGULAR MEETING OCTOBER 25, 2004 BILL NO. 69-04 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 TO MAKE TEMPORARY LOANS TO PAY OFF PREVIOUSLY ISSUED TEMPORARY LOAN TAX ANTICIPATION WARRANTS; AND TO ISSUE NEW TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND APPROPRIATING AND PLEDGING TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF THE NEW WARRANTS INCLUDING THE INTEREST THEREON Councilmember Puzzello made a motion to continue this bill until the November 8, 2004 meeting of the Council, at the request of the petitioner. Councilmember Varner 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. ATTEST: ATTEST: ez-64,L—Ceig Jo oorde, 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 7:12 p.m. President Karen White presided with nine (9) members present. BILLS - THIRD READING No bills for third reading at this time. RESOLUTIONS RESOLUTION NO. 3396-04 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 1601 WEST SAMPLE STREET 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 it's intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and --a WHEREAS, the Common council must take action within thirty (30) days after the board of Zoning Appeals makes it's 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 3 REGULAR MEETING OCTOBER 25, 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 grated for the property located at 1601 West Sample Street in order to permit off-site parking. 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 approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from 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 adoption by the Common Council and approved 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 voted to send it to the full Council with a favorable recommendation. Mr. Don Fozo, C.B.O., Building Commission, 125 S. Lafayette Blvd., Suite 100, South Bend, Indiana, presented the report from the Board of Zoning Appeals. Mr. Fozo advised that the petitioner St. Mary's of the Holy Rosary National Church is seeking a special exception to allow off site parking in SF2 and from the required 20' residential buffer yard to 0' and variance from the required screening to no screening along the entire West property line. Mr. Fozo further advised that the petition for St. Mary's of the Holy Rosary National Church is sent to the Council with a favorable recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 4 REGULAR MEETING OCTOBER 25, 2004 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 to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3397-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 W. CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL MOGUL POWERTRAIN, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 W. Cleveland Road and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana with said real estate having the following Key Number 25-500-19994, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Karen L. White Member of the Common Council Mr. Ed Fain, Plant Manger, Federal-Mogul, Inc. 3605 W. Cleveland Road, South Bend, Indiana, made the presentation for this bill. 5 REGULAR MEETING OCTOBER 25,2004 Mr. Fain advised that Federal-Mogul South Bend is a manufacturer of automotive pistons for customers such as GM, Ford and Nissan. The company began operations in South Bend in 1987 and has seen steady growth throughout its 17 years in our community. For this project, the company is proposing to transfer a piston machine line and tooling from Lagrange, GA. They will make minor modifications and install the machine line. The total cost of the new equipment is estimated at$7.482 million. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3398-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS NUMBERED 1 THROUGH 15, 17 THROUGH 23, 27 THROUGH 34, 186 AND 187, 202 AND 203, 207 THROUGH 215, 224, 236, AND 242 THROUGH 254 LAFAYETTE FALLS SUBDIVISION, SECTION TWO, AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KENDALL-WEISS,LLP WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 20000- 21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Kev Number: 6325 Armstrong Drive Lot 1 LaFayette Falls, Section 2 01-1002-002235 6345 Armstrong Drive Lot 2 LaFayette Falls, Section 2 01-1002-002236 6409 Armstrong Drive Lot 3 LaFayette Falls, Section 2 01-1002-002237 6417 Armstrong Drive Lot 4 LaFayette Falls, Section 2 01-1002-002238 6425 Armstrong Drive Lot 5 LaFayette Falls, Section 2 01-1002-002239 6433 Armstrong Drive Lot 6 LaFayette Falls, Section 2 01-1002-002240 6441 Armstrong Drive Lot 7 LaFayette Falls, Section 2 01-1002-002241 6449 Armstrong Drive Lot 8 LaFayette Falls, Section 2 01-1002-002242 6457 Armstrong Drive Lot 9 LaFayette Falls, Section 2 01-1002-002243 6465 Armstrong Drive Lot 10 LaFayette Falls, Section 2 01-1002-002244 6473 Armstrong Drive Lot 11 LaFayette Falls, Section 2 01-1002-002245 6505 Armstrong Drive Lot 12 LaFayette Falls, Section 2 01-1002-002246 6513 Armstrong Drive Lot 13 LaFayette Falls, Section 2 01-1002-002247 6531 Armstrong Drive Lot 14 LaFayette Falls, Section 2 01-1002-002248 6607 Armstrong Drive Lot 15 LaFayette Falls, Section 2 01-1002-002249 6607 Armstrong Drive Lot 17 LaFayette Falls, Section 2 01-1002-002251 6607 Armstrong Drive Lot 18 LaFayette Falls, Section 2 01-1002-002252 6607 Armstrong Drive Lot 19 LaFayette Falls, Section 2 01-1002-002253 6607 Armstrong Drive Lot 20 LaFayette Falls, Section 2 01-1002-002254 6607 Armstrong Drive Lot 21 LaFayette Falls, Section 2 01-1002-002255 6607 Armstrong Drive Lot 22 LaFayette Falls, Section 2 01-1002-002256 6 REGULAR MEETING OCTOBER 25, 2004 6607 Armstrong Drive Lot 23 LaFayette Falls, Section 2 01-1002-002257 6523 Erie Falls Drive Lot 27 LaFayette Falls, Section 2 01-1002-002258 6531 Erie Falls Drive Lot 28 LaFayette Falls, Section 2 01-1002-002259 6605 Erie Falls Drive Lot 29 LaFayette Falls, Section 2 01-1002-002260 6613 Erie Falls Drive Lot 30 LaFayette Falls, Section 2 01-1002-002261 6621 Erie Falls Drive Lot 31 LaFayette Falls, Section 2 01-1002-002262 6633 Erie Falls Drive Lot 32 LaFayette Falls, Section 2 01-1002-002263 6707 Erie Falls Drive Lot 33 LaFayette Falls, Section 2 01-1002-002264 6715 Erie Falls Drive Lot 34 LaFayette Falls, Section 2 01-1002-002265 6724 Erie Falls Drive Lot 186 LaFayette Falls,Section 2 01-1002-002267 6702 Lutz Drive Lot 187 LaFayette Falls,Section 2 01-1002-002268 6715 Lutz Drive Lot 202 LaFayette Falls,Section 2 01-1002-002270 6705 Lutz Drive Lot 203 LaFayette Falls, Section 2 01-1002-002271 or 6704 Erie Falls Drive 1022 Potter Point Drive Lot 207 LaFayette Falls, Section 2 01-1002-002272 1022 Potter Point Drive Lot 208 LaFayette Falls, Section 2 01-1002-002273 1022 Potter Point Drive Lot 209 LaFayette Falls, Section 2 01-1002-002274 1022 Potter Point Drive Lot 210 LaFayette Falls, Section 2 01-1002-002275 1022 Potter Point Drive Lot 211 LaFayette Falls,Section 2 01-1002-002276 1022 Potter Point Drive Lot 212 LaFayette Falls,Section 2 01-1002-002277 1022 Potter Point Drive Lot 213 LaFayette Falls,Section 2 01-1002-002278 1022 Potter Point Drive Lot 214 LaFayette Falls,Section 2 01-1002-002279 1022 Potter Point Drive Lot 215 LaFayette Falls,Section 2 01-1002-002280 6518 Redenbacher Court Lot 224 LaFayette Falls,Section 2 01-1002-002281 6504 Redenbacher Court Lot 236 LaFayette Falls,Section 2 01-1002-002283 6420 Redenbacher Court Lot 242 LaFayette Falls,Section 2 01-1002-002284 6412 Redenbacher Court Lot 243 LaFayette Falls,Section 2 01-1002-002285 6404 Redenbacher Court Lot 244 LaFayette Falls,Section 2 01-1002-002286 6340 Redenbacher Court Lot 245 LaFayette Falls, Section 2 01-1002-002287 6332 Redenbacher Court Lot 246 LaFayette Falls, Section 2 01-1002-002288 6424 Redenbacher Court Lot 247 LaFayette Falls,Section 2 01-1002-002289 6416 Redenbacher Court Lot 248 LaFayette Falls,Section 2 01-1002-002290 6323 Redenbacher Court Lot 249 LaFayette Falls,Section 2 01-1002-002291 6331 Redenbacher Court Lot 250 LaFayette Falls,Section 2 01-1002-002292 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, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. 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: 7 REGULAR MEETING OCTOBER 25,2004 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 within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. • SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. 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 Mr. Derek Spier, Abonmarche Consultants, 750 Lincoln Way West, South Bend, Indiana • made the presentation for this bill on behalf of Kendall Weiss, LLP, the petitioner. Mr. Spier advised that the petitioner proposes to develop a 116 acre subdivision with two hundred sixty-six (266) lots. This petition is for the second section consisting of fifty- eight lots. The homes will be either 1,500 square foot villas or conventional homes averaging 1,900 square feet. The homes and villas will be stick built. The average cost of homes within this development is expected to be $162,000. A Public Hearing was held on the Resolution at this time. 8 REGULAR MEETING OCTOBER 25, 2004 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 70-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF REVISED SECTION 2-50 ENTITLED BOARD OF PUBLIC SAFETY AND A NEW SECTION 2- 50A ENTITLED BOARD OF PUBLIC WORKS This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $21,000,000 PLUS INTEREST EARNED THEREON, WITHIN FUND 212 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER- OLIVER PROJECT AREA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING$3,468,840 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212)FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2005, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING OCTOBER 25, 2004 BILL NO. 73-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,000 WITHIN FUND 212 FOR THE PURPOSE OF PROTECTING THE CITY'S INTEREST IN OUTSTANDING LOANS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$595,571 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY &ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$28,919 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND,FOR THE PURPOSE OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $124,736 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and • Third Reading on November 8, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETING OCTOBER 25,2004 BILL NO. 77-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING$628,334 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADDING A NEW ARTICLE 11 TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGULATING NON- STORMWATER DISCHARGES TO THE CITY'S SEPARATE STORM SEWER SYSTEM This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADDING A NEW ARTICLE 12 TO CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGULATING STORM WATER DISCHARGES FROM CONSTRUCTION SITES AND FOR THE CONTROL OF EROSION AND SEDIMENT This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80-04 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF KALEY STREET, KENWOOD AVENUE, LINDEN AVENUE, WASHINGTON STREET AND 2 NEARBY ADJACENT ALLEYS 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 November 8, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine ayes. 11 REGULAR MEETING OCTOBER 25,2004 BILL NO. 81-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN • GERMAN TOWNSHIP CONTIGUOUS THEREWITH; GREGORY A. KIZER, 20 +/- VACANT ACRES LYING WEST AND ADJACENT TO CROSS CREEK SUBDIVISION, FRONTAGE ALONG BRICK ROAD This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on November 22, 2004 and Third Reading on December 13, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine ayes. UNFINISHED BUSINESS BILL NO. 62-04 REZONING - 1442 DEERFIELD CT AND 6450 MIAMI CIRCLE - SOUTH FIELD SUBDIVISION Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 8, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MRS. RITA KOPALA CONCERNING PUBLIC ACCESS LAWS Mrs. Kopala, 66559 Ivy Rd., Lakeville, Indiana, informed the Council that she was very pleased and the access to public records. Mrs. Kopala stated that citizens should be able to obtain documents without a hassle and in a timely manner. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday,November 8, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:32 p.m. ATTEST: ATTEST: •♦r �. -_`,sorde, City Clerk KC en L. White, Preside t 12