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HomeMy WebLinkAbout11-10-03 Council Meeting MinutesREGULAR MEETING NOVEMBER 10, 2003 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 10, 2003, 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: James Aranowski 1" District Charlotte Pfeifer 2nd District Roland Kelly 3 District Karl King 4`h District Chairperson, Committee of the Whole David Varner 511 District Ervin Kuspa 6`h District Sean Coleman At -Large Vice - President Al "Buddy" Kirsits At -Large Karen L. White At -Large President Absent: None OTHERS PRESENT: Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk 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 27, 2003 meeting 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 27, 2003 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS SWEARING IN OF YOUTH ADVISORY COUNCIL MEMBERS City Clerk Loretta Duda administered the Oath of Office to Mr. Micah Bufford, representing Riley High School, Mr. Gabe Duttlinger, representing Trinity School and Ms. Stephanie Tezich, Liaison, as the newest members of the Youth Advisory Council who were then congratulated by members of the Council. -I- T_ - - - - -- - -- - - - REGULAR MEETING NOVEMBER 10, 2003 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:08 p.m. Councilmember Pfeifer 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 King, Chairperson, Committee of the Whole, presiding. Councilmember King advised that Public Hearings will not be held on the following bills this evening due to requests from the Petitioners to either postpone or withdraw: Bill No. 72 -03 Postponed until November 24, 2003 Bill No. 75 -03 Postponed until December 8, 2003 Bill No. 03 -107 Withdrawn Bill No. 03 -121 Postponed until December 8, 2003 Councilmember King explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 71 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myer, StaffPlanner, AreaPlanCommission ,1lthFloorCounty -City Building,SouthBend, Indiana, presented the report from the Area Plan Commission. Mr. Myer advised that the Petitioner is requesting a zone change from "D" Light Industrial, "f' Height and Area to "A -3" Mixed Use, "f' Height and Area to allow emergency and transitional housing, a chapel, cafeteria, childcare, classrooms and an office. At the December 12, 2002 Board of Zoning Appeals meeting, the board granted a variance for a reduction from the required two hundred seventy -eight (278) parking spaces to eighty -one (81), with eighteen (18) spaces on site and sixty -three (63) off -site parking spaces. The property contains a commercial building. Located to the north is an office and car sales lot zoned "D" Light Industrial, "f' Height and Area. To the south is a museum and stadium zoned "D" Light Industrial, "a" Height and Area. To the east are commercial uses, a bank and a church zoned "D" Light Industrial, "f' Height and Area. To the west is a car sales lot, a business and church zoned "D" Light Industrial, "f' Height and Area. Access to the site is from Lafayette Street. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. Mr. Myer advised that the total site to be rezoned is thirty -four thousand one hundred thirty eight (34,138.00) feet. Of that, the buildings will occupy 46.9% of the site, parking and drives will occupy 33.5% of the site and open space will occupy 19.6% of the site. A check of the Agency's maps indicates that no public wells, wetlands or flood hazard areas are present. The Gate's Chevy World confirmed contamination site is located near the petition area. The site plan is currently preliminary and will require a drainage plan at the final site plan stage. Based on its Public Hearing held on October 21, 2003, the Area Plan Commission sent this Petition to the Council with a favorable recommendation subject to a final site development plan. The proposed uses are allowed under the current zoning but the Petitioner needs the rezoning to secure. funding. Mr. Bruce Yerry, Executive Director, Hope Rescue Mission, made the presentation for this bill. -2- REGULAR MEETING NOVEMBER 10, 2003 Mr. Yerry advised that this zoning change is being requested in order to allow Hope Rescue Mission to apply for federal low income tax grants through the state. He stated that this change would help them find financing for what they intend to do with this building. Mr. Yerry advised that the building will be used as a family life center serving families in the community that are in need. There will be thirty -four (34) units of housing consisting of small two (2) bedroom apartments for women with children and also for intact families consisting of a husband, wife and children. He noted that Hope Rescue Mission is the only facility in town that has planned for keeping an intact - family intact. The rest of the building will be used for education, including academic programs, recovery programs and spiritual programs. Ten thousand five hundred square feet (10,500) will be used as education space to provide a learning experience in both life skills and academic learning for those who come to the Mission. Part of the first floor will be a cafe open to the public. Additionally, there will be a child development area, a chapel and a dining room with a kitchen to serve one hundred fifty (150) people. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 72 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1314 CALIFORNIA AVE. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to postpone this bill until the November 24, 2003 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. BILL NO. 75 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1804 & 2014 WEST WASHINGTON AVENUE, 1610,1628, 1636 & 1721 CIRCLE AVENUE AND 218 SOUTH GRANT STREET ALL IN THE CITY OF SOUTH BEND, INDIANA Council President White made a motion to postpone this bill until the December 8, 2003 meeting ofthe Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: C4ES, Ja ty Clerk -3- REGULAR MEETING NOVEMBER 10, 2003 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 1 ORDINANCE NO. 9465 -03 AN ORDINANCE 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 PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; NEW CLEVELAND ROAD, 2100 THROUGH 21500 BLOCK This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9466 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: BILL NO. 03 -107 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 3425 LINCOLN WAY WEST 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. 03 -121 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 PROPERTIES LOCATED AT 1804 & 2014 WEST WASHINGTON AVENUE, 1610, 1628, 1636, 1721 CIRCLE AVENUE AND 218 SOUTH GRANT STREET ALL IN SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the December 8, 2003 meeting -4- REGULAR MEETING NOVEMBER 10, 2003 of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3262 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2607 TWIXWOOD LANE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD L. SMITH 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 2607 Twixwood Lane, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 2607 Twixwood Lane Lot 14 Deer Run at Topsfield 26 -1001- 000136 be designated as a Residentially Distressed 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 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 sea., 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 -5- REGULAR MEETING NOVEMBER 10, 2003 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 se a . 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. Edward L. Smith, 1333 East Wayne Street, South Bend, Indiana, made the presentation for this bill. Mr. Smith advised that he plans to build a thirty three hundred (3,300) square foot house consisting of four (4) bedrooms, three and one -half (3 %) baths and a three (3) car garage. 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 Kelly 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. W REGULAR MEETING NOVEMBER 10, 2003 BILLS - FIRST READING BILL NO. 86 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS BARTLETT STREET FROM THE EAST RIGHT OF WAY OF LAFAYETTE BLVD. TO THE WEST RIGHT OF WAY OF MICHIGAN STREET (SR 933) FOR A DISTANCE OF 787 FEET AND A WIDTH OF 66 FEET. THE SECOND STREET TO BE VACATED IS MAIN STREET FROM THE NORTH RIGHT OF WAY LINE OF BARTLETT STREET TO THE SOUTH RIGHT OF WAY LINE OF PARK LANE FOR A DISTANCE OF 469 FEET AND A WIDTH OF 99 FEET. THE FIRST ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF BARTLETT STREET TO THE VACATED EAST/WEST ALLEY, FOR A DISTANCE OF 269.5 FEET AND A WIDTH OF 14 FEET. THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET (SR 933), FROM THE NORTH RIGHT OF WAY LINE OF BARTLETT STREET TO THE SOUTH RIGHT OF WAY LINE OF PARK LANE, FOR A DISTANCE OF 469 FEET AND A WIDTH OF 14 FEET. THE THIRD ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF BARTLETT STREET FROM THE EAST RIGHT OF WAY LINE OF MAIN STREET TO THE WEST RIGHT OF WAY LINE OF MICHIGAN STREET (SR 933), FOR A DISTANCE OF 344 FEET AND A WIDTH OF 14 FEET This bill had first reading. Councilmember Coleman 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 24, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF 30TH STREET FROM THE NORTH RIGHT OF WAY LINE OF VINE STREET THENCE NORTH FOR A DISTANCE OF 410 FEET AND A WIDTH OF 16 FEET. SAID ALLEY WOULD DEAD END AT THE NORTH LOT LINE OF LOTS 30 AND 35 OF EGGLESTON'S 1sT ADDITION, BEING A PART OF EGGLESTON' S 1sT ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 24, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -7- REGULAR MEETING NOVEMBER 10, 2003 BILL NO. 88 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF JEFFERSON BLVD. FROM CHAPIN STREET, WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 196.89 FEET AND A WIDTH OF 49.5 FEET. THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF CHAPIN STREET FROM JEFFERSON BLVD., NORTH TO THE END FOR A DISTANCE OF 160.71 FEET AND A WIDTH OF 10 FEET. BOTH JEFFERSON BLVD. AND THE ALLEY BEING A PART OF THOMAS' SUBDIVISION OF PART OF BANK OUTLOT 74, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 24, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 89 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN U.S. 31 ON THE EAST, IRELAND ROAD ON THE NORTH, THE U.S. 31 BYPASS ON THE SOUTH AND THE WEST BOUNDARY OF THE PROPERTY AT KEY NO. 21-1030-1630 This bill had first reading. Councilmember Coleman made a motion to accept 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 refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90 -03 FIRST READING 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 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 24, 2003. Councilmember Varner 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. In REGULAR MEETING NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR NOVEMBER 10, 2003 COMMENTS BY MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he was the first one to vote at the polls. He also reminded Councilmembers that he believes that South Bend needs a state of the art basketball center located centrally for the youth of the entire City so that when they get to high school they will not hate each other. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, November 24, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:35 p.m. ATTEST: oretta . D a, Cit C erk in ATTEST: aren L. White, President