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HomeMy WebLinkAbout01-12-04 Council Meeting Minutes REGULAR MEETING JANUARY 12, 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, January 12, 2004, at 7:00 p.m. The meeting was called to order by Council 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 Absent: None 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 December 8, 2003 and the January 5, 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 December 8, 2003 and the January 5, 2004 meetings of the Council be accepted and placed on file. Councilmember Kuspa seconded the motion which carried by a vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF DATE/TIME/PLACE FOR THE NEXT SOUTH BEND COMMON COUNCIL MEETING Council President White advised that the next meeting of the South Bend Common Council will be January 26, 2004 at 6:00 p.m. The meeting will be held at the Century Center Recital Hall. The Mayor will give the State of the City Address. Council Member Coleman made a motion to accept the location change, seconded by Council Member Puzzello. The motion carried by a voice vote of nine (9) ayes. ANNOUNCEMENT TO ACCEPT THE FORMAL FILING OF THE 2004 STANDING COMMITTEE MEMBERS OF THE SOUTH BEND COMMON COUNCIL Council Member Colman made a motion to accept the formal filing of the 2004 Standing 1 REGULAR MEETING JANUARY 12, 2004 Committee Members of the South Bend Common Council. Council Member Kuspa seconded the motion, which carried by a voice vote of nine (9) ayes. 2004 COMMON COUNCIL STANDING COMMITTEES COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE Roland Kelly, Chairperson Sean Coleman, Member Al "Buddy"Kirsits, Vice-Chairperson Ervin Kuspa, Member COMMUNITY RELATIONS COMMITTEE Charlotte D. Pfeifer, Chairperson Dr. David Varner, Member Derek D. Dieter, Vice-Chairperson Al"Buddy"Kirsits, Member COUNCIL RULES COMMITTEE Karen L. White, Chairperson Ann Puzzello,Member Dr. David Varner, Vice-Chairperson HEALTH AND PUBLIC SAFETY COMMITTEE Ann Puzzello, Chairperson Al"Buddy"Kirsits, Member Derek D. Dieter, Vice-Chairperson Roland Kelly, Member INFORMATION AND TECHNOLOGY COMMITTEE Dr. David Varner, Chairperson Derek D. Dieter, Member Charlotte D. Pfeifer, Vice-Chairperson Roland Kelly, Member PARKS, RECREATION, CULTURAL ARTS &ENTERTAINMENT COMMITTEE Sean Coleman, Chairperson Aim Puzzello,Member Ervin Kuspa, Vice-Chairperson Roland Kelly, Member PERSONNEL AND FINANCE COMMITTEE Derek D. Dieter, Chairperson Roland Kelly, Member Dr. David Varner, Vice-Chairperson Ann Puzzello, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Dr. David Varner, Chairperson Charlotte D. Pfeifer, Member Al "Buddy"Kirsits, Vice-Chairperson Sean Coleman, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Charlotte D. Pfeifer, Chairperson Ervin Kuspa,Member Sean Coleman, Vice-Chairperson Derek D. Dieter, Member UTILITIES COMMITTEE Al "Buddy" Kirsits, Chairperson Charlotte D. Pfeifer, Member Sean Coleman, Vice-Chairperson Ervin Kuspa, Member 2 r REGULAR MEETING JANUARY 12, 2004 ZONING AND ANNEXATION COMMITTEE Ervin Kuspa, Chairperson Roland Kelly, Member Ann Puzzello, Vice-Chairperson Sean Coleman, Member SUB-COMMITTEE ON MINUTES Karen L. White, Chairperson Dr. David Varner, Vice-Chairperson RESOLUTION 04-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (OMAR M. ABUHILAL ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%)property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 2.09 acres of land containing one house, which property is at least 12.5% contiguous to the current City • limits. i.e., approximately 50.8% contiguous, generally located on the west side of Portage Road, approximately 3,200 feet north of Cleveland Road, German Township, Indiana. This annexation area will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street lighting, a sanitary sewer system, a water distribution system and a storm water system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street lighting, a sanitary sewer system, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4)that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written Fiscal Plan and 3 REGULAR MEETING JANUARY 12, 2004 established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows,be annexed to the City of South Bend: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS N. 00- 00'- 00" E., 292.71 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE N. 00- 00'- 00" E., 100.00 FEET, MORE OR LESS, ALONG THE WEST RIGHT-OF-WAY LINE OF MAPLE ROAD; THENCE N. 90- 00'- 00 " E., 892.19 FEET, MORE OR LESS, ALONG THE NORTH LINE OF LOTS #1, 2, 3 AND 4 IN THE PLAT OF "PORTAGE FARMS" RECORDED IN BOOK 15, PAGE P-5 IN THE OFFICE OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE TO THE EAST RIGHT-OF-WAY LINE OF PORTAGE ROAD; THENCE S. 21- 03'- 14" E., 107.15 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID LOTS PROJECTED TO THE EAST; THENCE S. 90- 00'- 00" W., 930.68 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID LOTS TO THE PLACE OF BEGINNING. CONTAINING 2.09 ACRE, MORE OR LESS Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non-capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street lighting, a sanitary sewer system, a water distribution system, and a storm water system, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that sanitary sewer main lines are currently in place and available to service this annexation area; that a water main line on the west side of Portage Road has more than adequate service capacity; that street lighting will be available on any public right-of-way within the annexation area; that no street construction is required at this time; and that no drainage plan is required at this time. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. 4 REGULAR MEETING JANUARY 12, 2004 s/Karen L. White Member, South Bend Common Council 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 to the full Council with an unfavorable recommendation. Larry Magliozzi, Assistant Director Community&Economic Development Department made the presentation on the resolution. He indicated that this Fiscal Plan is for voluntary annexation of approximately 2.09 acres located in German Township. Mr. Magliozzi stated that this parcel is currently zoned"R" and will be zoned"A"residential upon incorporation to the City. He also stated that the Police Department, Fire Department and Department of Public Works have all recommended approval indicating that City services can be provided and made available to the site with no additional expenditures of manpower or equipment. A Public Hearing was held on the Resolution at this time. There was no one else 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 Kelly seconded the motion which carried by a roll call 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. Council Member Kelly 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 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 head 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. 5 REGULAR MEETING JANUARY 12,2004 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. 84-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; OMAR M. ABUHILAL 52423 PORTAGE ROAD, SOUTH BEND, INDIANA 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 to the full Council with a favorable recommendation. Mr. Mike Danch, Danch,Harrier&Associates, 2422 Viridian Drive, South Bend, Indiana made the presentation on this bill. He indicated that he is representing the petitioner Omar M. Abuhilal. He stated that the property to be annexed is located at 52423 Portage Rd. The parcel contains approximately 2.09 acres and is currently used as a residential home. 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 was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council Member Kelly made a motion for favorable recommendation to full Council concerning this bill, and set this bill for third reading at the January 26, 2004. Council Member Pfeifer seconded the motion and which carried by a voice vote of nine(9) ayes. BILL NO. 62-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003 (KITE CAPITAL, LLC/ERSKINE VILLAGE PROJECT)"IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION AND 00/100 DOLLARS ($6,000,000.00)AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO A letter on file in the City Clerk's Office submitted by Bill Schalliol, Economic Development Planner with the Department of Community&Economic Development, is asking for the withdrawal of Bill No. 62-03. Mr. Schalliol indicated that the South Bend Redevelopment Commission respectfully requests that Bill No. 62-03 be withdrawn from the Council Agenda at this time. He further indicated that the Redevelopment commission will re-file the Bill when the proposal is ready to be moved forward through the Council process. Councilmember Puzzello made a motion to withdraw Bill No. 62-03 from the Council Agenda at this time. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 6 REGULAR MEETING JANUARY 12, 2004 BILL NO. 102-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF THE SOUTH BEND MUNICIPAL CODE TO ENHANCE REGULATION OF ALARM SYSTEMS Council Member Kirsits made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, Health and Public Safety Committee, reported that this committee met on this bill this afternoon and sends it to the full council with a favorable recommendation. . I Ann Carol Nash, Assistant City Attorney for the City of South Bend, Offices located on the 14th Floor of the County-City Bldg., made the presentation on the bill. She indicated that this bill changes the definition of an alarm agent. An alarm agent is only meant to be a person or entity in the business of monitoring alarm systems and placing calls to the Police Department or Fire Department for a response. There are two subsequent changes to this overall licensing bill. The first is to limit the requirements to only those types of businesses that maintain alarms systems and then contact the emergency personnel in the police and fire departments in response to the activation of an alarm. The second deletes a provision for the police department to use a key box or lock type of system which would enable an office to enter the premises in the absence of a key holder for liability reasons the City does not want to take on that kind of responsibility. 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Colman took a moment to recognize Captain Wanda Shock, from the South Bend Police Department and Ms. Dempsey representing the Community Oriented Police and thank them for their great dedication and work that they have put forth. RISE AND REPORT Councilmember Coleman made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTES ATTEST- ' .hn Voirde, 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 7:20 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING 7 REGULAR MEETING JANUARY 12, 2004 ORDINANCE NO. 9482-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF THE SOUTH BEND MUNICIPAL CODE TO ENHANCE REGULATION OF ALARM SYSTEMS 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 Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 04-01 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 1939 CHARLES STREET, SOUTH BEND, INDIANA Councilmember Coleman made a motion to withdraw this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine ayes. RESOLUTION NO. 3283-04 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 WEST OF AND ADJACENT TO 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, required 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(30) days after the Board of Zoning Appeals makes it 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 WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable State Law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a special exception be granted for the property located west of and adjacent to 1640 South Bend Avenue, South Bend, Indiana 46635: In order to permit the continuation of an existing accessory parking lot located on said property zoned with an"A"Residential, "A" Height & Area Classification. 8 REGULAR MEETING JANUARY 12, 2004 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 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 voted to send it to the full Council with a favorable recommendation. Donald F. Fozo, Building Commissioner of St. Joseph County, 125 S. Lafayette, South Bend, Indiana reported that the Board of Zoning Appeals held a hearing on this petition at its December 18, 2003 meeting and sends it to the Council with a 4-0 favorable recommendation. This petition would allow the continuation of a residential lot next to restaurant located on South Bend Avenue to be used for parking. This parcel has been used for parking in the past and this bill will allow parking to be legal and conform to the City of South Bend Zoning standards. Councilmember Ann Puzzello indicated that prior to becoming a Councilmember she was a member of the Board of Zoning Appeals. She indicated that she had voted on this measure while serving on that board. She stated that she has been informed that it is legal for her to vote on this bill. Mike Danch, Danch, Hamer and Associates, 2422 Viridian Drive, South Bend, Indiana representing the petitioners Cyriac & Elizabeth Pullapilly, 53310 Peggy Lane, South Bend, Indiana 46635. Mr. Danch stated that they are seeking approval to allow for the continuation of an existing accessory parking lot facility located on property West of and adjacent to 1640 South Bend Avenue, South Bend, Indiana 46617. The petitioners have had a Restaurant"The Malabar" for several years and have utilized the both the parking on the lot where the building is located and on the adjacent lot. In all the years that they operated the restaurant, they were never aware that the adjacent parking area to their restaurant was not zoned Commercial. The petitioners are selling the existing restaurant, and as part of the selling procedure, the zoning of the property was checked and it was discovered that the property that the existing restaurant occupies, is zoned 9 REGULAR MEETING JANUARY 12, 2004 "C" Commercial,but that the accessory parking lot is zoned "A"Residential. The Petitioners then checked with both the City Building Department and the City Clerk's Office to determine if there was a petition for a Special Exception that had ever been submitted previously to when the Petitioners had purchased the property. Both City Department's checked their files and could not confirm whether a Special Exception had ever been approved for the Petition site. The petitioners indicate that with the approval of the Special Exception that there would not be a detrimental affect for this are, nor would the property values,public's health, safety, morals, or general welfare be adversely affected. The petitioner also indicated that the Board of Zoning Appeals approved this measure at their December 2003 meeting. It was subject to providing screening per the commercial requirements for the City of South Bend. The petitioner and or the contingent purchaser would be required to put screening along the entire southwesterly line of property and along the south boundary which is adjacent to existing residential. Mr. Danch stated that in the Land Use Committee Meeting it was noted that some existing lighting that is on this parking lot and will make sure that owners understand that using this particular accessory parking area that the lighting will have to be shielded per the latest city standards for lighting. 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 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. RESOLUTION NO. 3284-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3722 FOUNDATION COURT, SOUTH BEND, INDIANA 46628, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO-INDIANA, INC. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain area 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 3722 Foundation Court, South Bend, Indiana 46628 and which is more particularly described as follows: A parcel of land located in the Metro-Aledo Minor Subdivision, Lot 2, German Township, St. Joseph, County, Indiana... And which has Key Number 25-1010-040018, 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 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. 10 REGULAR MEETING JANUARY 12, 2004 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 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 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 A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this bill. Mr. Thomas Dockery, 19160 Summers Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dockery explained that his company plans to add $1.6 million dollars of new equipment along with ten(10) new jobs to the City of South Bend. The new equipment, the majority of which will be modern CNC computerized equipment and robotics, will allow them to become more competitive in their field which is the trucking business. Mr. Jeff McGowan, CPA Kruggel Lawton, 17525 Auten Road Granger, Indiana, stated that this project will provide a significant boost to local contractors and as part of the abatement process they acknowledge that close to one hundred thousand dollars ($100,000.00)will be allotted to local contractors working on the job. The ten new jobs that will be created will have an average wage of approximately$12.50 an hour. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman 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. RESOLUTION NO. 3285-04 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 1337 CLAYTON DR. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COSIMO RULLI WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has 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 1337 Clayton Dr. South Bend, Indiana, and which is more particularly described as follows: 11 REGULAR MEETING JANUARY 12, 2004 Lot 71 Garland Woods 2nd Sec and with Key Number 23-1019-1132, 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 sue.,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 detel i�iines 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. 12 REGULAR MEETING JANUARY 12, 2004 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 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 White Member of the Common Council Councilmember Kelly, Chairman of the Community and Economic Development 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. Andy Place, Place Builders, Inc. 2133 Foxboro Ct., Mishawaka, IN 46545 made the formal presentation on this bill. Mr. Place stated that he represents the petitioner Mr. Cosimo Rulli. The home that is going to be constructed at 1337 Clayton Dr., is approximately a 1800 sq. ft. two-story home. The home will have tree bedrooms, 2 1/2 bathrooms, an attached garage and a full basement. The total cost for the new home is estimated at$180,000. The project meets the qualifications for a five (5) year real property tax abatement. A Public Hearing was held on the Resolution at this time. There was no one else 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 Varner seconded the motion which carried by a roll call vote of nine ayes. 13 REGULAR MEETING JANUARY 12, 2004 RESOLUTION NO. 3286-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2003 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap/junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap/junk/and recycling dealers; WHEREAS,in accordance with these rules and regulations,inspections of the below listed scrap/junk/and recycling operations has been completed by the Department of Code Enforcement and the Fire Prevention Bureau, and it has been found that such premises is fit and proper for the maintenance and operation of such businesses; and CTA Enterprises d/b/a/ South Side Auto Salvage and Towing 1602 Lafayette South Bend, Indiana 46613 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common council and approval by the Mayor. A Public Hearing was held on the Resolution at this time. Council Member Dieter,Chairperson,Personnel&Finance 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. Gary Gilot, Director, City of South Bend Department of Public Works, 13th Floor County-City Building made the presentation on the bill. He indicated that in accordance with the procedure for the renewal of license applications for Scrap Metal/Junk Dealers/Recycling Operations and Transfer Station operations, inspections of the premises on one (1) dealer submitting a renewal license application was conducted by the Fire Prevention Bureau,Water Works and the Department of Code Enforcement. The property was inspected for fire code violations,environmental violations,proper maintenance of the premises and areas outside fenced-in areas, and the height and condition of surrounding fencing. The board of Public Works at its December 8, 2003 meeting, recommended the approval of this license renewal for 2003. There was no one present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman 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. BILLS - FIRST READING BILL NO. 1-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CHANGING THE TITLE AND PURPOSE OF FUND NUMBERS 305, 315 AND 328 WITHIN THE BUDGET OF THE CIVIL CITY OF SOUTH BEND, INDIANA 14 REGULAR MEETING JANUARY 12, 2004 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel & Finance Committee and set for Public Hearing and Third Reading on January 26, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 2-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $24,800.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts & Entertainment Committee and set it for Public Hearing and Third Reading on January 26, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 3-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 234 TONTI ST. 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 Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 1-02 REZONING - CORNERS OF LINDEN AND CLEMENS Councilmember Coleman made a motion to strike this bill from consideration at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89-03 REZONING-U.S. 31, IRELAND RD., U.S. 20 BY PASS AND BURNETTE DRIVE Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on January 26, 2004. Councilmember Pfeifer 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 MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, welcomed the new Councilmembers and City Clerk. Mr. Swanson stated that he and his family do not have any place to go to play basketball. If a center or a gym were open twenty-four(24)hours a day then they would go there. COMMENTS BY MR. JOE TILLMAN CONCERNING THE BAN OF DRUG PARAPHERNALIA Mr. Joe Tillman, 711 N. Scott Street South Bend, Indiana stated that he would like to see the ban of sale of all drug paraphernalia in the City of South Bend. Mr.Tillman indicated that records show that there have been eleven (11) prosecutions for possession of drug paraphernalia,but there have been no arrests for the sale of drug paraphernalia. Mr. Tillman feels the strong need for the City of 15 REGULAR MEETING JANUARY 12, 2004 South Bend to address the ban of sales of illegal drug paraphernalia and to enforce the public nuisance law. COMMENTS BY OPAL BUFORD CONCERNING GAP (GRANDPARENTS AS PARENTS) Ms. Opal Buford wished everyone a Happy New Year. She indicated that she is a member of GAP (Grandparents As Parents), and they have now expanded into seven (7) different Cities in Northern Indiana. Ms. Buford thanked the Council for supporting this group and she looks forward to working together in the future. COMMENTS BY JIM BARRETT CONCERNING BOY SCOUT TROOP #325 Mr. Jim Barrett from Boy Scout Troop #325 indicated that members of his troop were attending the South Bend Common Council Meeting to earn their Citizenship Merit Badge. COMMENTS BY COUNCILMEMBER KIRSITS REGARDING THE CONDITION OF FIREFIGHTER BRET MCVOY Councilmember Kirsits gave an update on the condition of Firefighter Bret McVoy, who was seriously burned at a fire on December 16, 2003. Firefighter McVoy has sustained 2nd and 3rd degree burns on his hands. His treatment began in the burn unit in Kalamazoo, Michigan then he was transported to a Ft. Wayne, Indiana Hospital. He indicated that he is home and still travels once a week for therapy. Councilmember Kirsits stated that he will continue to keep the Council updated on his condition. Councilmember White thanked Councilmember Kirsits for the update and the entire Council prays for a speedy recovery for Firefighter McVoy. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:47 p.m. ATTEST: ATTEST: hn oorde, City Clerk Karen L. White, President 16