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HomeMy WebLinkAbout11-08-04 Council Meeting Minutes REGULAR MEETING NOVEMBER 8, 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, November 8, 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 25, 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 25, 2004, meeting of the Council be accepted and placed on file. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS COUNCIL DISTRICT UPDATES — 5th DISTRICT COUNCILMEMBER DAVID VARNER District five of the six districts of the City of South Bend essentially consists of the southeastern portion of the City of South Bend. You could stand on the corner of Michigan and Ewing Avenue and look due south and due east and everything south and east of that which is in the City limits would be District Five. District Five includes a high school, a middle school, three elementary schools, 2 public libraries, 2 fire stations and approximately 17,500 citizens or constituents. District five is unique and is the only district that does not include a portion of downtown South Bend. Yet despite that, it has become essentially the hub of retail for the City of South Bend. This new developments includes the former Scottsdale Mall, which will soon be Erskine Village. Numerous Ireland Road improvements and soon additional retail developments west of 31, which is in the sixth district. There is ongoing and continuing development along either side of U.S. 31 north and south of the bypass. Along with retail development has come substantial residential expansion, Summer Square East has developed; Southfield and Royal Oaks and numerous other subdivisions along with churches of all denominations with congregations large and small. A family living in the fifth district can work within the district; shop within the district; worship within the district; you can attend school public; private or parochial. You can enjoy other recreational opportunities such as golf 1 REGULAR MEETING NOVEMBER 8, 2004 at Erskine; O'Brien Recreation Center; and several other public parks. At the end of the day, you can dine with family and friends or just enjoy the evening at the movies. It is a lifestyle, which we all have been blessed. District Five without question a great place to live or work, I know I lived there for fifty-five (55) years. My business is in District 5, but you do not have to take just my word for it, you can ask Council President White, she lives there too. BILL NO. 04-81 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 AREAS IN GERMAN TOWNSHIP, STEVE AND JEAN COLEMAN ANNEXATION AREA Councilmember Kuspa, Chairperson, Zoning and Annexation Committee stated that the petitioner would like to continue this bill indefinitely. Councilmember Coleman made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. 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 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. 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 2 REGULAR MEETING NOVEMBER 8, 2004 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. 28-04 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; STEVE AND JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND Councilmember Kuspa made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 DEERFIELD COURT AND 6450 MIAMI CIRCLE, COUNCILMANIC DISTRICT#5, IN THE CITY OF SOUTH BEND, INDIANA Ervin Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Angela Smith, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Smith advised that the Petitioners are requesting a zone change from"0/B" Office Buffer and "MF1"—Urban Corridor Multi-Family to "PUD"Planned Unit Development, for property located at the northeast and southeast corners of Miami Highway and Ridge Trail, to allow multi-family residential including garden apartments and assisted living, offices, health care facility, fitness center, retail, and restaurants. The land uses and zoning on site is vacant land and an existing assisted living/retirement home. To the north is a library zoned"OB" Office Buffer, single-family homes and duplexes zoned "PUD" Planned Unit Development, to the east are single-family homes zoned"PUD" Planned Unit Development, and single—family homes zoned "SF1" Single-family Residential. To the south are agricultural uses and single-family homes in the County zoned"R" Residential. To the west are single-family homes in the county zoned"R" Residential. The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide from more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. The site plan for this PUD designates 5 separate areas. Area A is designated for a maximum of 7 single story villa or condo units with a minimum of 40% open space. Areas B and C are for residential villa or condo units, office and professional services, and care providers such as adult day care, child day care, and family care. Areas B and C will have a minimum of 30% open space with the non-residential uses limited to 25% of the total 3 REGULAR MEETING NOVEMBER 8,2004 area. Area D is designated for a maximum of 36 dwelling units and a health care facility with a maximum of 60 beds. Area D will have a minimum of 30% open space. Area E is designated for garden apartments (maximum of 3 stories and 237 units), a health care facility with a maximum of 60 bends care provider uses not to exceed 10% of the land area, office and professional services, and services such as fitness centers, a bakery, chapel, meeting rooms, bank, post office, and several other uses. The services component of Area E will not exceed 20% of the floor area of the residential and health care floor space. The services will be open to the public. The petitioner has also stated the following standards will be adhered to: no buildings will be closer than 25' feet from the public streets or perimeter boundaries, and parking no closer than 25' from the public streets and 10' from the boundaries. Landscaping will comply with the Landscaping Section of the Zoning Ordinance, except that Residential Bufferyards will be Type A- Open Landscaping. Lighting will comply with the Zoning Ordinance. The signs for Area E will comply with the Zoning Ordinance for an integrated center in the "LB" Local Business District. Signs for the non-residential uses in Areas B and C will comply with the requirements for the "OB" Office Buffer District. In 1988 the site was rezoned under the old zoning ordinance to "A-1" Single and Two family Residential and `B" Multi- family Residential for a retirement village and retirement homes. Both Miami and Kern Roads are two lane roads with accel/decal lanes at the current entrances of this development. The main entrance for this project will be from Miami, although secondary access can be obtained from Kern Road through the existing development. The existing interior roads are designed to be residential streets with sidewalks. The existing health care facility has a separate entrance from the rest of the current development. Miami and Kern Roads may experience higher levels of traffic due to this new development. This development will be serviced by municipal water and sewer from South Bend. The most desirable uses for this property are those that are consistent and compatible with the adjacent health care and assisted living facility. The impact on the surrounding property values should be minimal. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. John Leszczynski, 1525 Riding Mall, South Bend, Indiana made the presentation for the petitioner SFULDI and Southfield Village, Inc. Mr. Leszczynski advised that the property sought to be rezoned is located at Miami Highway and Ridge Trail. The petitioner is requesting a zone change from"MF1" Urban Corridor Multi-Family to "PUD"Planned Unit Development to allow multi-family residential including garden apartments and assisted living, offices,health care facility, fitness center, retail and restaurants. 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 Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80-04 PUBLIC HEARING 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 Councilmember Varner, Chairperson, Public Works and Property Vacation 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. Bernie Feeney, Lang,Feeney &Associates, Inc., 715 S. Michigan Street, South Bend, Indiana made the presentation on this bill on behalf of the petitioner The Robert Bosch Corporation. 4 REGULAR MEETING NOVEMBER 8,2004 Mr. Feeney advised that after the complete development of the relocated Bendix Drive, the petitioner Robert Bosch Corporation wishes to consolidate ownership of the adjacent properties. By vacating the described rights-of-way the Bosch Corp. shall be able to consolidate individual sites and create one campus site. This shall allow for safe travel of on site machinery to and from the now separated 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 Pfeifer made a motion for favorable recommendation to full Council. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. 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 Puzzello made a motion to continue this bill until the November 22, 2004 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES Councilmember Varner made a motion to continue this bill until the November 22, 2004 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner further noted that a joint meeting of the Personnel and Finance and Public Works and Property Vacation Committees will meet on Thursday, November 18, 2004 at 5:15 p.m. in the Council Informal Meeting Room located on the 4th Floor of the County-City Building, to further discuss this bill. BILL NO. 70-04 PUBLIC HEARING 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 SAFETY AND A NEW SECTION 2-50A ENTITLED BOARD OF PUBLIC WORKS Councilmember Puzzello made a motion to continue this bill until the November 22, 2004 meeting of the Council. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Council President White) { 5 REGULAR MEETING NOVEMBER 8, 2004 BILL NO. 78-04 PUBLIC BEARING 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 BILL NO. 79-04 PUBLIC BEARING 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 Councilmember Varner made a motion to combine these bills for purpose of Public Hearing. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jason Dun, P.E., Assistant City Engineer, 1300 County-City Building, South Bend, Indiana made the presentation for these bills. Mr. Dun advised that the illicit discharge bill covers all non-storm water discharges into the City's separated storm sewer. This establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4). The storm water discharge from construction sites (erosion control) ordinance covers all storm water runoff from construction sites one (1) acre or larger. This ordinance establishes the review, design, installation, and inspection of proper erosion control methods on construction sites. Mr. Dun further advised that these bills meet the minimum requirements as set forth by Rule 13 (327 IAC 15-13) and are required to be in the process of adoption and submitted to IDEM by November 5, 2004. 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 these bills. Councilmember Varner made a motion for favorable recommendation of Bill No. 78-04 to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Varner made a motion for favorable recommendation of Bill No. 79-04 to the full Council. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 71-04 PUBLIC BEARING 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 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. 6 REGULAR MEETING NOVEMBER 8, 2004 Ms. Judy Roschek, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roschek advised that this bill would allow for the appropriation of$21,000,000 in Section 108 loan funds. The proposed funding is part of the Housing &Community Development Plan 2005 allocations and underwent a 30 day public comment period in October 2004. 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 Kirsits made a motion for favorable recommendation to full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Varner.) BILL NO. 72-04 PUBLIC HEARING 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 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Judy Roschek, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roschek advised that this bill would allow for the appropriation of$3,468,840 in 2005 Community Development Block Grant funds. This will allow for the execution of certain housing rehabilitation/assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. 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. BILL NO. 73-04 PUBLIC HEARING 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 7 REGULAR MEETING NOVEMBER 8, 2004 Councilmember Kelly, Chairperson, Community and Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Judy Roschek, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roschek advised that this bill will appropriate $10,000 from CDBG Program Income to cover cost of filing fees, lease commission and redemption of property at tax sale to protect the City's interest in home improvement loans previously made by the City. 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. BILL NO. 74-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$595,571 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUNDS,FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY &ECONOMIC DEVELOPMENT Councilmember Kelly, Chairperson, Community and Economic Development 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. John Sellers , Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow for the appropriation of$595,571 in 2005 projected income to the Department of Community and Economic Development from fees, interest income, and staff support contracts. These anticipated resources include staff contracts for several not-for-profits and administration of the federal HOME program. These revenues are consistent with the information on the Department's administrative budget. 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. BILL NO. 75-04 PUBLIC HEARING 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 ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET 8 REGULAR MEETING NOVEMBER 8, 2004 Councilmember Kelly, Chairperson, Community and Economic Development 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. John Sellers, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow for the appropriation of$28,919 from the State Economic Development Fund to help fund the Division of Economic Development's administration budget. 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 Pfeifer 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. BILL NO. 76-04 PUBLIC HEARING 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 Councilmember Kelly, Chairperson, Community and Economic Development 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. John Sellers, Community and Economic Development, 1200 County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. Sellers advised that this bill would allow for the appropriation of Emergency Shelter Grant entitlement funds expected to be received by the City of South Bend for 2005. 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 Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77-04 PUBLIC HEARING 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 Councilmember Puzzello made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 9 REGULAR MEETING NOVEMBER 8, 2004 Councilmember Kelly made a motion to continue this bill until the November 22, 2004 meeting of the Council. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. 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 Dieter, Chairperson, Personnel and Finance Committee, reported that this committee met this afternoon regarding this bill and voted to send it to the full Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 14th Floor, County-City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that due to property tax reassessment and the anticipated delays in the timing of the City of South Bend's receipt of tax revenues for the fiscal year ending December 31, 2004 the possibility exists that the City will not receive its 2004 property tax revenues by December 31, 2004. If this occurs, City accounts will be insufficient to pay of the tax anticipation time warrants authorized by the Common Council on May 24, 2004, (Ordinance No. 9511-04) and issued in June to meet budgeted and necessary expenses. 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 Dieter made a motion for favorable recommendation to full Council concerning this bill. 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: /1\., at-egte.-COLVVVM,--- oorde, City Clerk Sean Coleman, Chairperson Committee of the Whole 10 REGULAR MEETING NOVEMBER 8, 2004 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 7:50 p.m. President Karen White presided with nine (9) members present. BILLS, THIRD READING ORDINANCE NO. 9540-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 DEERFIELD COURT AND 6450 MIAMI CIRCLE, COUNCILMANIC DISTRICT#5, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9541-04 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9542-04 AN ORDINANCE 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 third reading. Councilmember Pfeifer 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. ORDINANCE NO. 9543-04 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 11 REGULAR MEETING NOVEMBER 8, 2004 ORDINANCE NO. 9544-04 AN ORDINANCE 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 third reading. Councilmember Puzzello made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Dr. Varner) ORDINANCE NO. 9545-04 AN ORDINANCE 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 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. 9546-04 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9547-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING$595,571 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUNDS,FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 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. 12 REGULAR MEETING NOVEMBER 8,2004 ORDINANCE NO. 9548-04 AN ORDINANCE 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 ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9549-04 AN ORDINANCE 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 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. 9550-04 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 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 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes RESOLUTIONS There were no Resolution to come before the Council at this time. BILLS, FIRST READING BILL NO. 82-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3055 E. EDISON RD., COUNCILMANIC DISTRICT#4, 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 Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. 13 REGULAR MEETING NOVEMBER 8, 2004 BILL NO. 83-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $655,267 OF INDIANA COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT INCREMENT FUNDS WITHIN THE INDUSTRIAL DEVELOPMENT FUND, FUND 434,FOR THE PURPOSE OF DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY OF SOUTH BEND STUDEBAKER/OLIVER COMMUNITY REVITALIZATION ENHANCEMENT DISTRICT 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 22, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. 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. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, November 22, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:02 p.m. ATTEST: ATTEST: CPL gliorde, City Clerk en L. White, President 14