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HomeMy WebLinkAbout12-08-03 Council Meeting MinutesREGULAR MEETING DECEMBER 8, 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, December 8, 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 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4t" District Chairperson, Committee of the Whole David Varner 5t' District Ervin Kuspa 6th 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 Council Attorney Loretta J. Duda City Clerk Sandra M. Parmerlee 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 November 24, 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 November 24, 2003 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF DATE /TIME FOR COUNCIL ORGANIZATIONAL MEETING President White advised that the Common Council organizational meeting will take place on January 5, 2004 at 7:30 p.m. ANNOUNCEMENT OF REAPPOINTMENT TO THE REDEVELOPMENT COMMISSION President White announced the reappointment of Mr. Robert Hunt and Ms. Marcia Jones to the Redevelopment Commission. -1- REGULAR MEETING DECEMBER 8, 2003 RESOLUTION NO. 3273 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JAMES ARANOWSKI FOR HIS DEDICATED YEARS OF SERVICE AS THE FIRST DISTRICT COUNCIL MEMBER WHEREAS, the South Bend Common Council is proud to honor James Aranowski, who succeeded Stephen J. Luecke in representing the residents and business owners of the 1st Councilmanic District; and WHEREAS, the Common Council recognizes that as the Chairperson of the Personnel and Finance Committee, Council Member Aranowski has chaired a countless number of committee meetings where he provided keen insights when reviewing the proposed civil city budgets and appropriation ordinances over the years; and WHEREAS, the Council would also like to recognize Council Member Aranowski's leadership in having served as the Council's Vice - President and also his service as a member of the City Negotiating Teams where he provided valuable direction and leadership; and WHEREAS, Council Member Aranowski sponsored timely and needed legislation this year which implemented new public safety regulations for large eating and drinking establishments which operate in downtown South Bend, which will continue to foster safe environments for those wishing to patronize such facilities, as the downtown area continues to flourish and attract many residents and visitors to its many attractions; and WHEREAS, Council Member Aranowski currently serves on the Parks, Recreation, Cultural Arts and Entertainment Committee; the Information and Technology Committee; the Public Works and Property Vacation Committee; and the Utilities Committee, in addition to being the Chairperson of the Personnel and Finance Committee and in each of these capacities he provides useful data in proudly representing the interests of the residents and businesses in the 1 st District of South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the 1 ST DISTRICT COUNCIL MEMBER JAMES ARANOWSKI for his dedicated years of service to the City of South Bend and especially the residents and business owners of the 1 st District. Section II. The Common Council commends 1ST DISTRICT COUNCIL MEMBER JAMES ARANOWSKI for his many contributions to our community; and wishes him continued success with his brother, David, in providing professional accounting services. Section III. The Council wishes "Jimmer" and his bride, Robin, many great years ahead as they cheer on the Chicago Cubs and the Fighting Irish, and the Council further wishes them many rounds of golf on courses both here and abroad. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte D. Pfeifer, Second District s /Roland Kelly, Third District s /Karl King, Fourth District s /Dr. David Varner, Fifth District -2- s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s /Karen L. White, At Large s /Kathleen Cekanski - Farrand, Council Attorney REGULAR MEETING ATTEST: s /Loretta J. Duda, City Clerk DECEMBER 8, 2003 s /Stephen J. Luecke, Mayor Councilmember Sean Coleman, 4319 Foxfire Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Councilmember Aranowski. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Aranowski thanked the employees of the City of South Bend, City Clerk Loretta Duda and her staff, the Mayor, members of the Council and especially the residents of the First District for whom it was a privilege to serve. Additionally, Councilmembers White, Kelly, Pfeifer, Kirsits and Kuspa offered comments and thanked Councilmember Aranowski for his years of service on the Council. Councilmember King made a motion to adopt this Resolution by acclamation. Councilmember Kirsits seconded the motion which carried. RESOLUTION NO. 3274 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING KARL KING FOR HIS DEDICATED YEARS OF SERVICE AS THE FOURTH DISTRICT COUNCIL MEMBER WHEREAS, the South Bend Common Council is proud to honor Karl King, who succeeded John Broden in representing the residents of the 4th Councilmanic District; and WHEREAS, the Common Council recognizes that as the Chairperson of the Community and Economic Development Committee, Council Member King has been the leader in overhauling the City's tax abatement ordinance by developing a system which promotes positive development throughout the city —from plain vanilla to a decadent hot fudge sundae; and WHEREAS, the Council would also like to recognize Council Member King's leadership in chairing the Information and Technology Committee and spearheading a comprehensive survey of the City's computer hardware and software needs; and WHEREAS, as President of the Area Plan Commission of St. Joseph County, Council Member Karl King has provided invaluable insight into the proposed new zoning ordinance which will impact zoning uses and proposed development throughout the City of South Bend for decades to come; and WHEREAS, Council Member King has been a true public servant who has dedicated his time and many talents to being the Chairperson of the Council's Committee of the Whole; and who has been a key player in spearheading the Northeast Neighborhood Revitalization Organization (NNRO) to "ensure neighborhood stability and sustainability for the benefit of current and future residents and business owners" by stimulating "private sector investment within the neighborhood by improving the "overall livability of the Northeast Neighborhood ". NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: -3- REGULAR MEETING DECEMBER 8, 2003 Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the 4TH DISTRICT COUNCIL MEMBER KARL KING for his tenacious and dedicated leadership in creatively addressing issues and providing probative analysis in suggesting workable solutions to a variety of municipal concerns. Section II. The Common Council commends 4TH DISTRICT COUNCIL MEMBER KARL KING for his many contributions to the South Bend community, which are far too many to list in this Resolution; and wish him many great fishing trips to Minnesota as well as many memorable times together with his wife, Margaret, in the years ahead as they enjoy trips to Palm Springs and other places which they both enjoy. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Ervin Kuspa, Sixth District s /Charlotte D. Pfeifer, Second District s /Sean Coleman, At Large s /Roland Kelly, Third District s /Al "Buddy" Kirsits, At Large s /Dr. David Varner, Fifth District s /Karen L. White, At Large s /Loretta J. Duda, City Clerk s /Kathleen Cekanski- Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Charlotte Pfeifer made the presentation for this Resolution by reading it in its entirety and presenting it to Councilmember King. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember King stated that serving and working with the residents of the 4th District has been a rewarding part of the job. He also stated that he appreciated the honor of this Resolution but even more he appreciated having served the last five (5) years with this Council. Councilmember King noted that it has impressed him that members of the Council worked together as partners linked together by a common thread of principal and dedication to an ideal which is best expressed as saying that good government is the power of community inaction. The theory of social justice made real is what he has been able to experience being on the Council. Councilmember King thanked the Council for the Resolution and the honor associated with it and thanked them for the privilege of working with the Council for the last five (5) years. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. Councilmembers Kirsits and Kelly offered comments and thanked Councilmember King for his years of dedication as a great leader to the residents of the 4th District and the entire City. RESOLUTION NO. 3275 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING LORETTA J. DUDA FOR HER EIGHT YEARS OF SERVICE AS CITY CLERK WHEREAS, the South Bend Common Council acknowledges that on January 1, 1996, Loretta J. Duda began serving citizens of South Bend as their City Clerk; and CE L' I REGULAR MEETING DECEMBER 8, 2003 WHEREAS, the Common Council notes that Loretta J. Duda's service to the community as City Clerk followed eight (8) distinguished years of service as a Council Member at Large on the South Bend Common Council; and WHEREAS, some of the many duties carried out by the City Clerk include certifying -- documents, administering "Oaths of office ", preparing legal advertisements and notices, maintaining the South Bend Municipal Code, maintaining all records of the South Bend Common Council, attending all regular and special meetings of the Council, overseeing the Ordinance Violations Bureau, and performing marriages; and WHEREAS, at the end of eight (8) years of service as City Clerk, Loretta J. Duda, has far exceeded her office's program goals of serving as a "resource of information and referral; to serve as historian; store and preserve records for future generations "; and as Ordinance Violations Clerk for the City's Ordinance Violations Bureau she and her staff has more than met the bureau's goal of collecting ordinance violations, fines and penalties. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the CITY CLERK LORETTA J. DUDA for eight (8) dedicated years of service to the South Bend community as City Clerk. Section II. The Common Council commends CITY CLERK LORETTA J. DUDA for hiring a staff who have been professional in assisting her in carrying out the multi- faceted duties in the Office of the City Clerk and the Ordinance Violations Bureau. Section III. The South Bend Common Council wishes Loretta and her husband, Dan, many wonderful years together as she returns to the private sector, and hopes that she will have many memorable rounds of golf where she beats par or gets a hole in one. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte D. Pfeifer, Second District s /Roland Kelly, Third District s /Karl King, Fourth District s/Dr. David Varner, Fifth District s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski - Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Roland Kelly made the presentation for this Resolution by reading it in its entirety and presenting it to City Clerk Loretta Duda. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. City Clerk Loretta Duda stated that she believes that the quickest way to get a lot of good done for a lot of people is through politics and service. She stated that the work that is accomplished by a Councilmember, or a Department Head or an elected official is done for the community. Ms. Duda -5- - ----- - - - - -- - - - - - - - - - - -- -- -- REGULAR MEETING DECEMBER 8, 2003 stated that she has been blessed because it has been an honor and a privilege to serve for the last twenty -four (24) years of giving back to the community and she appreciates this acknowledgment. Councilmember Pfeifer stated that she appreciates the time Ms. Duda provided to her to give her direction and made a motion to adopt this Resolution by acclamation. Councilmember Coleman seconded the motion which carried. RESOLUTION NO. 3276 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING SANDRA M. PARMERLEE FOR HER NINE YEARS OF SERVICE IN THE OFFICE OF THE CITY CLERK WHEREAS, the South Bend Common Council acknowledges that approximately nine years ago Sandra M. Parmerlee began working in the Office of the City Clerk; and WHEREAS, the Common Council notes that Sandy's prior experience ofworking in the City Attorney's office, being the Clerk to the Board of Public Works and being the Clerk to the Board of Safety enabled her to bring a wealth of knowledge to her position when she began working in the Office of the City Clerk; and WHEREAS, the Council further acknowledges that in March of 1999, Sandra M. Parmerlee was promoted to be the Chief Deputy Clerk whose duties encompass among other things developing procedures which assure the accuracy of the legislative records ofthe South Bend Common Council, preparing Committee meeting notices, attending the Council meetings and preparing minutes of the regular and special meetings of the South Bend Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors the CHIEF DEPUTY CLERK SANDRA M. PARMERLEE for nine (9) dedicated years of service in the Office of the City Clerk. Section II. The Common Council commends Sandra M. Parmerlee for her service to others through her home church, and hopes that she will continue to keep in touch with the many friends which she has made over the years due to her many years of service of working in the County -City Building; and further wishes her and her friends in the Red Hat Club many great and fun -times together in the years ahead. Section III. The South Bend Common Council further wishes Sandy and her daughter Sara, the very best in the years ahead and wishes them both many fulfilling and memorable times together as they each venture out into new and challenging endeavors. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte D. Pfeifer, Second District s /Roland Kelly, Third District s /Karl King, Fourth District M s /Dr. David Varner, Fifth District s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s /Karen L. White, At Large s /Kathleen Cekanski - Farrand, Council Attorney C C 1 REGULAR MEETING ATTEST: s /Loretta J. Duda, City Clerk DECEMBER 8, 2003 s /Stephen J. Luecke, Mayor City Clerk Loretta Duda noted that Ms. Parmerlee has served for twenty -four (24) years with the City of South Bend in various capacities. Councilmember David Varner, 1306 Clayton Street, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety, offering his comments and presenting it to Ms. Parmerlee. A Public Hearing was held on the Resolution at this time. City Clerk Loretta Duda stated that Ms. Parmerlee has not only dedicated her time to her job but also the community and stated that it has been a pleasure working with her. There was no one else present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember King made a motion to adopt this Resolution by acclamation. Councilmember Coleman seconded the motion which carried. Ms. Parmerlee thanked the Council for the honor of this Resolution. She stated that she has truly enjoyed working in the City Clerk's office the last nine (9) years and hopes to continue her employment with the City in January. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:40 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 King, Chairperson, Committee of the Whole, presiding. 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. Councilmember King announced that the Petitioner of Bill No. 62 -03 has asked that the Public Hearing on this bill be postponed until January 12, 2004. PUBLIC HEARINGS 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 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. Mr. Jeff Myer, Staff Member, Area Plan Commission, 1 lth Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "D" Light Industrial, `B" -7- REGULAR MEETING DECEMBER 8, 2003 Height and Area to `B" Heavy Industrial, "F" Height and Area to allow industrial uses including, but not limited to, petroleum refining and other industrial uses. The property contains industrial uses. Located to the north and west are industrial uses zoned "D' Light Industrial, `B" Height and Area. To the south are industrial uses and commercial uses zoned `B" Heavy Industrial, "F" Height and Area. To the east are industrial uses zoned "D" Light Industrial, "E" Height and Area, a restaurant zoned "C" Commercial, "A" Height and Area, and churches and single family homes zoned "A" Residential, "a" Height and Area. Access to the site is from Washington Avenue. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 20.9 acres. Of that, the buildings will occupy 1.8 acres or 8.6% of the site. Parking and drives will occupy 19.1 % of the site, gravel, storage and processing areas will occupy 64.1 per cent of the site. Open space will occupy 8.2% of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. At its October 21, 2003 meeting, the Area Plan Commission sent this Petition to the Common Council with an unfavorable recommendation. This property was previously zoned "B" Heavy Industrial. On June 18, 1991, the Area Plan Commission recommended approval of a neighborhood rezoning which was subsequently approved in July by the Common Council for the West Washington- Chapin Development Area. This property was down zoned to "D" Light Industrial with the expectation that, eventually, less intense industrial uses will emerge. The goals of the West Washington - Chapin rezoning were to protect the residential areas of the neighborhood by providing firm zoning district boundaries and reduce the Height and Area Districts. This current rezoning petition is directly against the original vision set forth by the Area Plan Commission, the Common Council, and by the residents of the West Washington- Chapin neighborhood in 1991. Mr. Anthony Zappia, Attorney at Law, 52582 State Road 933 North, South Bend, Indiana, made the presentation for this bill on behalf of Hurwich Iron Company and Access Indiana which is the land holding company for Hurwich Iron. Mr. Zappia stated that at a meeting held in September with the Near Westside Neighborhood Association the Petitioners thought they crafted an Agreement that was fair and equitable and permitted all of the parties to move forward and as part of that the ordinance was amended. He stated that Hurwich sought the continuation of the scrap metal junkyard and petroleum refining facility with permission to operate a facility for the crushing, grinding and storage of concrete, asphalt and related materials and grinding, shredding, and storage of tree, leaf and related organic materials including the coloring of treated mulch material and storage of compost on the site. He stated that there was not going to be a landfill or a transfer station. Mr. Zappia noted that Ms. Noreen Dean - Moran, President, Near Westside Neighborhood Association spoke in favor of this proposal to the members of the Area Plan Commission. He further noted that should there be any modification to this request they would have to go through the entire zoning process all over again. Mr. Zappia stated that property located to the north is zoned "D" Industrial, to the west is Batteast Construction and Ritschard Brothers, to the south is property zoned "E" Heavy Industrial and to the east is land zoned light industrial. Properties to the north, west, south and east are all zoned industrial and are trucking operations. Mr. Zappia advised that the property in question is composed of twenty -one (21) acres. The property was zoned "E" Heavy Industrial for decades and Hurwich has been on this site for over eighty -six (86) years. In 1991 the neighborhood decided to make this a "D" Industrial site and unquestionably, Mr. Jim Hurwich would never have agreed to that modification if he knew it would not include recycling. Mr. Zappia noted that the zoning classification at that site now is an open zoning classification. It permits fifty -three (53) different types of uses of which he stated a few that would be disadvantageous to the neighborhood. In addition to those proposed uses there are one hundred twenty -five (125) commercial uses of which he stated several. Mr. Zappia indicated that at the present time the Petitioner processes scrap metal which is shipped to an end consumer. It is a form of recycling. He noted that they were grandfathered to continue that operation and they will. He further noted that it did not make sense in 1991 that this was a scrap iron operation since 1917 but then it was down zoned to a "D" zoning yet Hurwich was permitted to use REGULAR MEETING DECEMBER 8, 2003 this site as a scrap iron and recycling facility. The same is applicable to their petroleum refining operation which has been in existence for twenty (20) years. There are above ground oil tanks for the storage and distribution of petroleum products. They receive products from a number of sources and then distribute to the foundries and asphalt plants so they do not have to use virgin oil. This saves construction costs and is a form of recycling. This would not be permitted in the "D" zoning that was approved in 1991 with no objection from Mr. Hurwich who wanted to see recycling continued. Hurwich would now like to continue a crushing operation. They would crush asphalt, brick and concrete into aggregate. The asphalt, brick and concrete that would normally go to the landfill would now be crushed for utilization on construction projects. This operation would be done on the central southern portion of the site and would be behind buildings. The grinding operation would occur approximately three (3) to four (4) months of the year. They would stockpile material and then crush the material. This work is subbed out and they use the same contractor that the City of South Bend uses. Mr. Zappia advised that Hurwich is permitted to do the crushing operation for their personal use at this time. He asked why they could not get permission to do that for the other potential users so they can save the landfills and some costs to the construction industry. Mr. Zappia advised that they would like to do wood grinding on the site. They would take organic material which they would shred and color and resell as landscape material to a larger user. They would use a water soluble non toxic dye and meet all EPA standards. This would all be done in a closed machine and is another form of their recycling operation. Mr. Zappia stated that his client, Mr. Mike Morris, a fourth generation member of the Hurwich family, studied foundry practices in college and managed the trucking division for his uncle, Mr. Jim Hurwich. He knows everything about the operation and has been a proponent for recycling. In 1981 he purchased the division of the company. Additionally, he and his wife currently operate and own US Scrap & Recycling in South Bend located on South Walnut Street and since 2002, he has committed to clean up the Hurwich site in a way that is beneficial to all parties concerned. Mr. Zappia asked the Council to look at the merit of some of the issues they will hear this evening. He stated that they will hear about truck traffic. The Petitioner will fully cooperate with the City Engineer in routing traffic away from the residential area and they believe they will not add any additional traffic. There is truck traffic already to the north, east, west and south as this area is heavy industrial. Mr. Zappia stated that Hurwich does not create dust for Frankie's Barbeque. Perhaps other trucks going down the road do but it is not from Hurwich. Mr. Zappia noted that the Council will hear issues about noise. He noted that there are Health Department and City codes to control that. Hurwich does not create noise and there have been no complaints to them about noise. There are one hundred ten (I 10) trains that go by this area each day which is one (1) train every twelve (12) minutes. In 1978 the South Bend Economic Corporation sold to Hurwich Iron additional surrounding land for expansion at the present site. He noted that Hurwich currently crushes for their own use and a yes vote on this rezoning will allow them to sell the recycled material to the public. Mr. Zappia stated that Hurwich is ready to invest $1 million in equipment and will probably add ten (10) employees with a salary range of twelve dollars and fifty cents ($12.50) to eighteen dollars ($18.00) an hour. Hurwich is trying to improve the property and they have been there for eighty -six (86) years. Councilmember King noted that the original ordinance filed with the Council which was referred to the Area Plan Commission came back with modifications in which they have agreed to inserting some provisions regarding limited uses. Because of that, the Council should be hearing the substitute version of the bill. Councilmember King asked both Mr. Zappia and Mr. Myers to acknowledge that in fact the substitute version of the bill is what they have been referring to in their presentations. Both gentlemen acknowledged this fact. Therefore, Councilmember Coleman made a motion to document that the Council is conducting this Public Hearing on the substitute version of this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, South Bend, Indiana, reminded the Council that they have received a copy of the site plan for this rezoning and that is what the Petitioner would be held to. Under the guidelines for "D" Light Industrial the Hurwich area has some fencing which is all that is required. As part of this rezoning procedure they will add an additional one thousand (1,000) lineal feet of berming and landscaping along Washington Street by In REGULAR MEETING DECEMBER 8, 2003 Adams Engineering and also along the portion of Washington Street which is the main entrance at the point Circle Avenue was vacated. As part of that, the berming will be eight (8) to ten (10) feet tall and on top of the berm they would add additional evergreen screening. Also, as part of the mounding area they will add ground cover. This should take care of any issues about dust along at least the portion that is existing for the berm that is there today. They will also add street trees along Washington Street pursuant to Park Department guidelines. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Mike Jones, 1337 Joyce Avenue, South Bend, Indiana, advised that he is the operator of a woodworking and landscaping business with a warehouse at 1636 Circle Avenue. He stated that the warehouse is directly across the street from where some of these materials have been crushed with the nearest pile being about one hundred (100) feet away. Mr. Jones stated that he has been at this location for six (6) years for as much as twelve (12) hours a day and dust and noise is not an issue when Hurwich does their crushing. Mr. Jones informed the Council that he likes all the good things that are happening in this area and believes that this operation will fit in well. He noted that the truck and train traffic make the noise. He suggested that perhaps big piles of rock might deaden the noise from the trains which blow their whistle at Olive Street. Mr. Jones stated that this is a noisy area with a lot of other industry nearby and he asked the Council to give this Petition a favorable recommendation. Mr. Michael J. Carmichael, 5905 U.S. 31 South, South Bend, Indiana, stated that he was hired by Mr. Mike Morris of Hurwich Iron to do dozing and other things that involved heavy equipment. The only time there was any dust it was not on the Hurwich property but was along the fence on the railroad side. He noted that there is a lot of trash along the tracks and Mr. Morris wanted it cleaned up and that it what they did. It did start to make some dust and they had instructions that if anything made dust they were to stop work. There was no one else present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mr. Sean Trotter, Owner, Frankie's Barbeque, submitted photographs to the Council. He stated that when Mr. Mike Morris first brought this proposal to the community he mentioned that he was only going to do mulch which will definitely cause an odor. Mr. Trotter informed the Council that the photographs show what should have been cleaned up and rectified. Mr. Trotter stated that his restaurant has a patio and he has spent over eighty thousand dollars ($80,000.00) in the last couple of years trying to improve the neighborhood along with other community people. When the wind blew this summer, all the dirt from the mounds of dirt on the Hurwich property came onto his property and his customers could not dine on the patio. Mr. Trotter stated that the dust caused a major problem for his business and what Mr. Morris is proposing to do will not benefit the community. He also noted that he employs sixteen (16) full time individuals which should be considered. Mr. Trotter asked that the Council also take into consideration all the heavy traffic that will come down Washington Street. He further noted that there are five (5) churches that have all put money into development and Mr. Mike Morris and his company have never done anything for this area. Mr. Trotter asked for the Council to send this bill with an unfavorable vote. Mr. Richard Chambliss, 1243 Van Buren, South Bend, Indiana, informed the Council that some time ago his father purchased property located behind the Hurwich property and wondered why he got such a good deal. When summer came and the Hurwich trucks would come down the street, metal would be falling off and Hurwich showed no respect for the people. He stated that they should have come before the Council then to get some results. Mr. Chambliss informed the Council that he does not trust Hurwich. He attends St. Augustine Church and would be disappointed if the Council lets Hurwich do what they want to do. Mr. Chambliss stated that at certain times in the -10- REGULAR MEETING DECEMBER 8, 2003 summer residents had to close their doors because when Hurwich dumped, the dust flow came right over into the neighborhood and they did not get any kind of respect. Ms. Sue Hockman, 1402 West Washington Street, South Bend, Indiana, stated that she resides a block or two (2) from the factory. She stated that everyone in the neighborhood is against this zoning because if Hurwich gets this zoning they do not know how many other factories will want the higher zoning. Ms. Hockman stated that Mr. Zappia mentioned a neighborhood meeting at which Hurwich received favorable response but did not mention another meeting that was held in which no one or very few people said yes. Ms. Hockman informed the Council that she previously lived on Jefferson Street and later acquired a new house on Washington Street. She has also worked on the West Washington Chapin Renovation Board and they have been dedicated to get this neighborhood to where it is now. The Board had a wish list and things were accomplished. They are now down to the last of the list and a factory that wants to have a higher level of industrial zoning will cause everything they have worked for to go down the tube. Ms. Hockman stated that she understands the position of Hurwich is to make more money but she is from the neighborhood and she is willing to work this out with Hurwich that maybe all of them can be happy and would work to help Mr. Morris get his factory like he wants it but possibly someplace else. Mr. Curtis Owens, 1126 North Olive Street, South Bend, Indiana, informed the Council that he grew up at 1636 Florence Street and he remembers Hurwich Iron because a lot of times people could not get jobs. Mr. Zappia made statements that jobs would be available for the youth. However, Mr. Owens stated that he does not trust Hurwich because they did not do much to provide employment in the 1960's. He further stated that the crushing of the concrete will cause dust. Mr. Owens informed the Council that a lot of money has been spent to improve the area and this action would take the neighborhood backwards when they should be going forward. He questioned why they couldn't take these operations out of the neighborhood because there will also be a smell. If this is allowed and Hurwich starts making money then they will want to try to do something else. Mr. Owens stated that residents will start moving out of the neighborhood and they will be back where they were. Reverend Cary Batteast, 101 Adams Street, South Bend, Indiana, advised that he is an Associate Minister at the Greater St. John Church, which is across the street from Hurwich and Frankie's Barbeque. Rev. Batteast stated that they respect Hurwich Iron for being in their community for many years. In response to Mr. Zappia's reference to Batteast Construction, Rev. Batteast stated that Batteast Construction owns property on Washington Street which they use only for storage. Reverend Batteast noted that they rent storage from Batteast Real Estate which put up a building on West Washington and there is no traffic from them. The difference between Batteast Construction using property to restore stuff on Washington and Hurwich Iron, is that Batteast Construction has always invested in the community and has always employed residents from the west side of South Bend. Ritschard Brothers also owns property on West Washington Street and they have trucks every once in a while coming in but Ritschard Brothers has invested in their churches and their community on the west side of South Bend. Rev. Batteast stated that Hurwich Iron has never helped churches across the street from them and there are five (5) in that immediate area. Truck and train traffic does not smell. Truck and train traffic does not stir up dust that Hurwich puts out from crushing concrete. Rev. Batteast concluded by stating that he would not like Hurwich to crush concrete across the street from where he buys food and from where he worships. Concrete is crushed on Lathrop and Bendix in a hole that is eighty (80) feet deep but citizens still have to drive through dust. Mr. Tom Broden, 201 West North Shore Drive, South Bend, Indiana, informed the Council that he is a member of St. Augustine Parish located directly across the street from the property in question. He stated that St. Augustine and all of the other churches and institutions in the area have for the last thirty -five (35) years been engaged in very difficult efforts to upgrade this part ofthe community. He is opposing this rezoning because he sees a step backwards in terms of the ideal that the people in the neighborhood have for their residential area. All of the negative effects that have been stated are important but also a very important negative aspect of the zoning will be the psychological or reputation that would be derived from a sudden change in the approach in this neighborhood. The -11- REGULAR MEETING DECEMBER 8, 2003 change from all of the efforts to upgrade the location as a residential and neighborhood area would signal to some that this heavy industrial usage is a specter that would inhibit investment and would be a question in the mind of a potential renter or a potential home builder and in the long run could undermine all of the efforts of many people starting at least thirty five (3 5) years ago if not longer. Ms. Vivian Salle, 16194 Baywood Lane, Granger, Indiana, stated that the Greater St. John Missionary Baptist Church is located across the street from Hurwich Iron and on behalf of the church membership of more than five hundred (500) families, she is registering a formal protest against the proposal. Ms. Salle informed the Council that this church has been in the area since 1922 and recently invested more than $1 million dollars in renovation and new building construction. Additionally, they have plans for further improvement and new construction and will invest at least another five hundred thousand dollars ($500,000.00) to $1 million dollars in the next few years. It is their belief that the Hurwich plans will diminish the property values in this area as well as negatively affect the health of their members and the residents by the processing of raw wood and storage at the plant. Ms. Salle noted that the representatives from Hurwich Iron have done an excellent job in highlighting some of the existing environmental and aesthetic challenges that the neighborhood contends with on a daily basis and they do not need to further aggravate and add to those challenges. In conclusion, Ms. Salle informed the Council that the Greater St. John Missionary Baptist Church asks that the Council give this rezoning request an unfavorable recommendation. Mr. Howard Buchanan, 1346 O'Brien Street, South Bend, Indiana, Member, Greater St. John Church, stated that the operations being performed by Hurwich at this time seem to be okay but now they want to do other things that he believes should receive an unfavorable recommendation. He stated that Hurwich has advised that they will invest $1 million dollars to be able to crush and sell concrete and he believes that they should invest somewhere else in the City of South Bend and not at this location. In regards to selling materials for landscaping, Mr. Buchanan stated that the City of South Bend has a mulching plant that gives away free mulch and it would be disadvantageous to have someone else producing this material when it is already being produced. He reiterated the comments of Ms. Salle that the Greater St. John Church is totally against this Petition. He also reiterated that the church has made quite an investment as have other churches in the area. Mr. Buchanan stated that it would be different if Hurwich needed the extra money but if they can invest $1 million dollars in something they could invest it somewhere else. Ms. Charlotte Huddleston, 211 South Michigan Street, South Bend, Indiana, stated that she is a member of St. Augustine's Church which has been in the community for the past seventy five (75) years and has a rich heritage. She noted that the church has spent a lot of money for renovations and she is concerned about the fallout from the dust on their church and other churches. Ms. Huddleston informed the Council that she is not in favor of this request as Hurwich has not invested in the community and she asked that the Council consider not giving this request a favorable vote. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Zappia stated that Hurwich would sell mulch and not compost. As it relates to the crushing operation, he stated that Hurwich has been doing crushing at the existing site for their personal use so nothing really changes. Mr. Zappia noted that when Mrs. Hockman purchased her home there was heavy industrial "D" and `B" zoning to the north, south, east and west of her. He stated that it is correct that there are trucks running up and down that area one truck after another. Mr. Zappia informed the Council that he spent forty -five (45) minutes in the area observing traffic and counted seventeen (17) trucks. He asked what would happen to this area if these businesses were eliminated along with the jobs they provide. He stated that everything that Hurwich is asking to do they do right now but they want to be able to recycle the product and there are sufficient city and state safeguards to protect the community. With regards to the comments and concerns from Frankie's Barbeque, Mr. Zappia stated that they have been there for thirty (30) years and they have another fifty -three (53) years to catch up with Hurwich. -12- REGULAR MEETING DECEMBER 8, 2003 Councilmember Pfeifer thanked everyone for taking the time of come before the Council this evening and for attending a public forum meeting that was held on December 2nd with Mr. Michael Morris and Mr. Mike Danch to give the neighbors an opportunity to discuss what is going on in their neighborhood in regards to the Hurwich request. She noted that about twenty (20) years ago the neighbors in that area were fed up with the activities taking place on the corner of Walnut and Washington and they wanted to revitalize the neighborhood. They hired a firm from Chicago who did a survey and advised that on West Washington Street they needed to provide the opportunity for new families to come and live and preserve the people who were already living there. New houses plus multi - family were built and support was given to the existing businesses on Chapin Street. Councilmember Pfeifer stated that they had a list and started out by cleaning up West Washington Street. Business revitalization on Chapin Street is going well and is still moving. Part of what the neighborhood wanted to do was to clean up the zoning in that neighborhood and the zoning was changed because they wanted to encourage families to move in and to stay. Councilmember Pfeifer stated that she is unclear why Mr. Hurwich was not notified at the time of that rezoning. It was the neighbors who stood up and came together to revitalize that neighborhood and they were successful. The City later joined in as a partner. Councilmember Pfeifer stated that there are five (5) major churches located close to Hurwich Iron and everyone complains about dust. The neighbors do not want to reverse the trend of all the hard work that has been done. South Bend Heritage and the City of South Bend have made investments in this neighborhood. The neighbors very clearly wanted to downsize the industry. By the end of the meeting on December 2nd they all agreed and Hurwich Iron agreed that they would be willing to move out of the neighborhood so everyone left the meeting thinking they supported Hurwich in what they want to do but they wanted them to do it somewhere else as the neighbors continue the revitalization of that neighborhood. Councilmember Pfeifer stated that she will not be able to support this initiative and encouraged fellow Councilmembers to follow suit. - Councilmember Kirsits stated that in his capacity as a City of South Bend firefighter he has twenty- five (25) years of experience in going on the Hurwich property on numerous occasions and he is appalled by the condition of the property. Councilmember Kirsits noted that Mr. Zappia commented that there are safe guards that protect citizens, but he was often asked where they are because the property contains items such as fifty five (55) gallon abandoned drums, abandoned structures and private fire hydrants that were not properly maintained and did not operate. In regards to the process of recycling, Councilmember Kirsits stated that as someone who travels on Lathrop Road daily it is noticeable when those trucks are running because they put a lot of dust and dirt out on that street. Councilmember Kirsits also commented that in 1993 he was part of a team of firefighters that went to DeMoines, Iowa to help with a flood. During the two (2) day operation that they staged at an organic composting facility for the City, there was a smell but the most significant thing was the amount of insects and flies that were attracted to this site. When piles of organic material get wet it can cause problems with flies and insects. Councilmember Kirsits further stated that a comment was made this evening that Hurwich has been trying to clean up this property since 2002 and he asked where have they been all this time. Councilmember Kirsits stated that with the pictures submitted this evening of mounds of dirt that is called landscaping he believes that is a weak start and he will be voting against this Petition. Councilmember Varner stated that the conflict of industrial versus residential is not going to go away because in older cities industrial areas abut residential areas. In about 1991 the City made the point of suggesting that the residential interests were clearly going to take priority in considerations in the future but at the same time it allowed the zoning change and grandfathering of the operations of Hurwich Iron Works. The fact that this amount of time has passed and a number of changes have taken place with both the residential and the industrial, in the final analysis Hurwich Iron Works is going to be operating at this location. They may not be doing the shredding of mulch which is about the only thing that will be excluded from this because the use of crushing is still permitted and while not on a large scale, this seems to be an opportunity for neighborhoods and neighbors whether residential or industrial to get together and find a good solution. This is also a good time for the City to jump in and use economic development dollars and perhaps create the buffer zone that is necessary so the residents can be buffered by a block or two and yet the interests of the iron works -13- REGULAR MEETING DECEMBER 8, 2003 operations could conceivably be operated and maintained in a manner in which they could co- exist. It would be best if they could co -exist in a workable manner. Councilmember Varner noted that he would still like to see the residents and Hurwich find a resolution but if that is not possible it is clear where this is going and the only thing that is going to change from what is happening now is there will not be shredding of mulch. Councilmember Kelly made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King noted that earlier this afternoon when Mr. Mike Danch addressed the Zoning and Annexation Committee he requested the opportunity to speak if this Petition received an unfavorable recommendation. Mr. Danch stated that based on the action of the Council at this time, he asked that Bill No. 03 -121, which is a Resolution for a Special Exception, be withdrawn. Councilmember Varner made a motion to withdraw Bill No. 03 -121 from consideration at the request of the Petitioner. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a pharmacy facility with a drive -up window. The property contains vacant land. Located to the north is a church zoned `B" Residential, "A" Height and Area and a funeral home zoned "C" Commercial, "A" Height and Area. To the south is a bank zoned "C" Commercial, "A" Height and Area. To the east are commercial uses, a fast food restaurant, a credit union and an office zoned "C" Commercial, "A" Height and Area. To the west is a fire station zoned `B" Residential, "A" Height and Area. Access to site is from Cleveland Road and Bendix Drive. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 2.66 acres. Of that, the buildings will occupy 13.4 per cent of the site, parking and drives will occupy 70.7 per cent of the site and open space will occupy the remaining 15.9 per cent of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. A drainage plan is required at the final site plan stage. Additionally, the Area Plan Commission, at its Public Hearing held on November 18, 2003 sent this petition to the Common Council with an favorable recommendation. In preparing the rezoning map that will accompany the new zoning ordinance, the Area Plan Commission has recommended that this property as well as the commercial areas around it be zoned "CB" Community Business. The "CB" District will require higher development standards, both in terms of landscaping and building materials. -14- REGULAR MEETING DECEMBER 8, 2003 Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioners, GMS Realty, Inc. Mr. Danch advised that this rezoning request is for a piece of property on the northeast corner of Bendix Drive and Cleveland, west of the Aldi's Supermarket. The Petitioner plans to build a pharmacy with a drive up window. The building will be one (1) story and approximately fifteen thousand five hundred (15,500) square feet. There will be two (2) access points. One will be off of Bendix Drive on the west and there will be a single drive off of Cleveland Road on the south. The building will be hooked up to City water and sewer which are available to the site along Cleveland Road and also Bendix. Mr. Danch stated that the Petitioner will meet all the requirements under this new zoning for the architectural standards as well as the landscaping and will meet all the City standards for onsite surface run off for drainage. 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 Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3566 DOUGLAS ROAD 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 full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a photography studio. The property contains a single family home. Located to the north and west is vacant land in South Bend zoned "A" Residential, "A" Height and Area. To the south are single family homes in the City zoned "A" Residential, "A" Height and Area. To the east are single family homes in the County zoned "R" Residential. The land directly to the north of this site is pending "C" Commercial, "A" Height and Area. Access to the site is from Douglas Road. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is 3.09 acres. Of that, the buildings will occupy 6.7 per cent of the site. Parking and drives will occupy 10.7 per cent of the site and open space will occupy the remaining 82.6 per cent of the site. A check of the Agency's maps indicates that no public wells or wetland hazard areas are present. The southern part of this property lies in the 100 year flood plain and the Uniroyal Superfund site is near this property further to the north but not actually on this property. The site plan is preliminary. The Area Plan Commission at its Public Hearing on November 18, 2003, sent this Petition to the Common Council with a favorable recommendation subject to a final site development plan. Given the other commercial uses and zoning in the area, "C" commercial is appropriate for this site. Mr. Mike Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, South Bend, Indiana„ representing the property owner, Mr. Dick LaFree, and also the contingent purchaser, Mr. Arthur Hanson, made the presentation for this bill. -15- REGULAR MEETING DECEMBER 8, 2003 Mr. Danch advised that the reason for this rezoning is to allow for a photography studio. Presently on the site, which is on the south side of Douglas Road, is an existing home that sits off the road approximately four hundred (400) feet. The Petitioners propose an addition onto that home which will be turned into a photography office. The studio will occupy an additional sixty four hundred (6,400) square feet. As part of this rezoning, this piece of property is already connected to a municipal water line which is from the City of Mishawaka. They would also be connecting to a sanitary sewer line. Mr. Danch stated that he has spoken to the contingent purchaser and they will be connecting to the municipal sewer line along Douglas Road. The Petitioner will meet all the standards for the City of South Bend for the driveway entrance as well as for parking and drainage. To the south of this property is the water shed area and the flood plain location for Judy Creek. However, they are well out of that particular location. This site sits higher up so they are outside that flood elevation. Any of the drainage area will be in the sandy soil which will again be outside the one hundred (100) year flood plain. 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 Aranowski 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. 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 Councilmember Coleman made a motion to postpone this bill until the January 12, 2004 meeting of the Council at the request of the Petitioner. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will appropriate monies for the Emergency Shelter Grant Program for 2004. The program will give money to agencies that run emergency shelters within the -16- 1 1 1 REGULAR MEETING DECEMBER 8, 2003 community. She further noted that this appropriation was the subject of a thirty (30) day public comment period. 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. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 92 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,505,400 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, 2004, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates the entitlement and projected program income dollars for the 2004 Community Development Block Grant Program that is run by the Department of Housing and Urban Development. 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. 93 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $595,571 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember King, Chairperson, Community and Economic Development Committee, reported -17- REGULAR MEETING DECEMBER 8, 2003 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. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will appropriate the dollars that the Department brings in under staff contracts. It is part of the overall budget that the Council approved in September and this is the appropriation phase. She noted that they have not added any dollars to their administration budget through this action. 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. 94 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $48,920 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 Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is an appropriation for some funds through the State Grant Fund for the Department's administration. This was part of the budget that was prepared and submitted to the Council in September and this is the appropriation phase. 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. 95 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $407,914 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 1 1 1 REGULAR MEETING DECEMBER 8, 2003 Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City - Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is a companion to the Community Development Block Grant bill and represents the reprogram dollars that were given to projects previously that have not used the monies. The monies will be used in 2004 as a complement to the previous bill. This bill was also the subject of a thirty (30) day public comment period. 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 for favorable recommendation to full Council. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2003 Councilmember Coleman made a motion to hear the substitute version of this bill. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski, Chairperson, Personnel & Finance 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. Rick 011ett, City Controller, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this bill is part of the budget process for the current year when deficits are covered in any of the major fund categories within the City's budget. He noted that deficit categories are balanced by adjusting appropriations within each fund between departments, authorizing the use of the funds or authorizing the use of the funds cash balance. This year the largest authorization relates to health care costs which continue to rise for both corporations and governmental entities. Mr. 011ett stated that the City will continue to work on this issue in the coming year. 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 for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. -19- REGULAR MEETING DECEMBER 8, 2003 BILL NO. 97 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2003 Councilmember Coleman made a motion to consider the substitute version of this bill as on file with the City Clerk. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon on this bill this afternoon and sends 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 this transfer ordinance addresses deficits within departments themselves among the major categories of each department. These adjustments tend to be much smaller and are made within departments rather than within funds. 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 Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 98 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $124,525.00 OF SECTION 108 LOAN PROJECT INCOME, PLUS INTEREST EARNED THEREON (FUND NO. 212), FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Beth Leonard, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, residing at 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates the dollars that they have received as part of the land sale for the Oliver Plow Works Project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Pfeifer made a motion for favorable recommendation to full Council -20- REGULAR MEETING DECEMBER 8, 2003 concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -03 PUBLIC HEARING ON A BILL FOR SPECIAL APPROPRIATION OF $260,000 FROM WATER WORKS GENERAL FUND ( #620) AND TRANSFER OF SAID FUNDS TO WATER LEAK INSURANCE FUND ( 4644) TO COVER UNANTICIPATED SHORTFALLAND LOAN REPAYMENT Councilmember Al `Buddy' Kirsits, Chairperson, Utilities Committee, reported that this committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, 207 North Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Stancati advised that this appropriation is needed for a shortfall in the leak insurance fund. The sixty thousand dollars ($60,000.00) is needed to cover that shortfall. The two hundred thousand dollars ($200,000.00) is for the repayment of the loan. This shortfall is consistent with the aging of the utility and the service lines. 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 concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made 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: Lor a J. Iya, Ci erk 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 9:15 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING BILL NO. 75 -03 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 -21- REGULAR MEETING DECEMBER 8, 2003 This bill had third reading. Councilmember King made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion that this substitute bill be defeated. Councilmember Kelly seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9471 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9472 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3566 DOUGLAS ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly 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. 9473 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9474 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $3,505,400 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, 2004, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Pfeifer 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. ORDINANCE NO. 9475 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE -22- REGULAR MEETING DECEMBER 8, 2003 CITY OF SOUTH BEND, INDIANA APPROPRIATING $595,571 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Kuspa 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. 9476 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $48,920 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 Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9477 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $407,914 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Varner 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. 9478 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2003 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King 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 King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9479 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2003 -23- REGULAR MEETING DECEMBER 8, 2003 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King 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. ORDINANCE NO. 9480 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $124,525.00 OF SECTION 108 LOAN PROJECT INCOME, PLUS INTEREST EARNED THEREON (FUND NO. 212), FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES 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. 9481 -03 AN ORDINANCE FOR SPECIAL APPROPRIATION OF $260,000 FROM WATER WORKS GENERAL FUND ( #620) AND TRANSFER OF SAID FUNDS TO WATER LEAK INSURANCE FUND ( #644) TO COVER UNANTICIPATED SHORTFALL AND LOAN REPAYMENT This bill had third reading. Councilmember Kelly 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. RESOLUTIONS 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 Note: At the conclusion of the Public Hearing concerning Bill No. 75 -03, the Petitioners asked that this Resolution be withdrawn and the Council took the appropriate action to do so. See Bill No. 75- 03 for the motion. RESOLUTION NO. 3277 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS 47 THROUGH 99 ROYAL OAK ESTATES SECTION 3 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR D & H HOME BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has -24- r E C REGULAR MEETING DECEMBER 8, 2003 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 areas commonly known as Lots 47 through 99 Royal Oak Estates Section 3, Jackson Road, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 609 Yoder Street Lot 47* 23- 1018 - 0381.87 5735 Buckhorn Drive 535 Yoder Street Lot 48 23- 1018 - 0381.88 523 Yoder Street Lot 49 23- 1018 - 0381.89 520 Yoder Street Lot 50 23- 1018 - 0381.90 546 Yoder Street Lot 51* 23- 1018 - 0381.91 5745 Buckhorn Drive 535 Dice Street Lot 52* 23 -1018- 0381.92 5749 Buckhorn Drive 525 Dice Street Lot 53 23- 1018 - 0381.93 522 Dice Street Lot 54 23 -1018- 0381.94 528 Dice Street Lot 55* 23 -1018- 0381.95 5813 Buckhorn Drive 527 Pulling Street Lot 56* 23- 1018 - 0381.96 5907 Buckhorn Drive 521 Pulling Street Lot 57 23- 1018 - 0381.97 524 Pulling Street Lot 58 23- 1018 - 0381.98 530 Pulling Street Lot 59* 23- 1018 -0381 5929 Buckhorn Drive 6009 Buckhorn Drive Lot 60 23- 1018 -0382. 514 Gillmer Street Lot 61 23- 1018 - 0382.01 522 Gillmer Street Lot 62 23- 1018 - 0382.02 6012 Buckhorn Drive Lot 63 23- 1018 - 0382.03 6006 Buckhorn Drive Lot 64 23- 1018 - 0382.04 612 Pulling Street Lot 65* 23- 1018 - 0382.05 5930 Buckhorn Drive 618 Pulling Street Lot 66 23- 1018 - 0382.06 622 Pulling Street Lot 67 23- 1018 - 0382.07 720 Pulling Street Lot 68 23- 1018 - 0382.08 727 Pulling Street Lot 69 23 -1018- 0382.09 625 Pulling Street Lot 70 23- 1018- 0382.10 615 Pulling Street Lot 71 23- 1018 - 0382.11 609 Pulling Street Lot 72* 23- 1018 - 0382.12 5910 Buckhorn Drive 610 Dice Street Lot 73* 23- 1018 - 0382.13 5812 Buckhorn Drive 616 Dice Street Lot 74 23- 1018 - 0382.14 622 Dice Street Lot 75 23- 1018- 0382.15 707 Dice Court +C67 Lot 76* 23 -1018- 0382.27 5806 Yellow Wood Drive 5728 Yellow Wood Drive Lot 77 23 -1018- 0382.28 5722 Yellow Wood Drive Lot 78 23- 1018 - 0382.29 5718 Yellow Wood Drive Lot 79 23- 1018 - 0382.30 5721 Yellow Wood Drive Lot 80 23- 1018 - 0382.31 5727 Yellow Wood Drive Lot 81 23 -1018- 0382.32 5733 Yellow Wood Drive Lot 82 23 -1018- 0382.33 621 Dice Street Lot 83* 23- 1018 - 0382.34 5809 Yellow Wood Drive 615 Dice Street Lot 84* 23 -1018- 0382.35 5748 Buckhorn Drive -25- REGULAR MEETING 5742 Buckhorn Drive Lot 85 5736 Buckhorn Drive Lot 86 5730 Buckhorn Drive Lot 87 5724 Buckhorn Drive Lot 88 715 Dice Court Lot 89 721 Dice Court Lot 90 727 Dice Court Lot 91 733 Dice Court Lot 92 737 Dice Court Lot 93 740 Dice Court Lot 94 734 Dice Court Lot 95 726 Dice Court Lot 96 720 Dice Court Lot 97 714 Dice Court Lot 98 708 Dice Court Lot 99 be designated as a Residentially Distressed Area; and DECEMBER 8, 2003 23- 1018 - 0382.36 23- 1018 - 0382.37 23- 1018 - 0382.38 23- 1018 - 0382.39 23- 1018 - 0382.26 23 -1018- 0382.25 23 -1018- 0382.24 23 -1018- 0382.23 23- 1018 - 0382.22 23- 1018 - 0382.21 23- 1018 - 0382.20 23- 1018 - 0382.19 23- 1018 - 0382.18 23 -1018- 0382.17 23- 1018 - 0382.16 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 se q., 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 -26- 1 1 REGULAR MEETING DECEMBER 8, 2003 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 . 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. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of D &H Home Builders, the owners and developers of the Royal Oak Estates Subdivision. Mr. Feeney advised that this Resolution represents Section III which is the final phase of this subdivision. Development is occurring along the west and southwest side of the project along the east side of the Gilmer Park area. The Petitioner is requesting tax abatement on fifty -three (53) residential lots which will have an average end value of one hundred eighty- thousand dollars ($180,000.00) per lot, representing a total value in excess of $9.5 million dollars. This phase completes the development of approximately one hundred twenty nine (129) lots in this subdivision by tying together not only the interior road pattern but also tying to the exterior road pattern surrounding this property with stub streets which have been in existence since their creation with the platting of Gilmer Park. Mr. Feeney noted that previous phases of this subdivision were also granted abatement. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. -27- REGULAR MEETING DECEMBER 8, 2003 RESOLUTION NO. 3278 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1116 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRAD GREGORY AND KERRIE MCCAW 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 1116 Notre Dame Ave., South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1116 Notre Dame Ave. Lot No. 3 of Notre Dame 18 -5105 -3668 Avenue Minor Subdivision 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 se ., 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: 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 n 1 1 REGULAR MEETING DECEMBER 8, 2003 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 sea. 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. Brad S. Gregory, Professor, University of Notre Dame, 6030 Mission Trail #2, Granger, Indiana, made the presentation for this bill. Mr. Gregory advised that he and his wife seek to develop a single family dwelling at 1116 Notre Dame Avenue of approximately three thousand (3,000) square feet with four (4) bedrooms and a two (2) car attached 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 Coleman made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3279 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1035 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED -29- REGULAR MEETING DECEMBER 8, 2003 AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JAY W. & MARY FRAN BRANDENBERGER 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 1035 Notre Dame Ave., South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1035 Notre Dame Ave. E % of Lot 83, Sorin's 2nd edition 18 -5104 -3547 to the town of Lowell 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 se ., 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: 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: -30- 1 1 REGULAR MEETING DECEMBER 8, 2003 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 . 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. Jay Brandenberger, Faculty Member, University of Notre Dame, 137 South Ellsworth Place, South Bend, Indiana, made the presentation for this bill. Mr. Brandenberger stated that he and his wife plan to build a single family home of about twenty four hundred (2,400) square feet at 1035 North Notre Dame Avenue. He stated that they seek tax abatement for five (5) years to support building in a redevelopment area. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this bill. The following individual spoke in opposition of this bill. Mr. Will Taylor, 511 Marigold Way, South Bend, Indiana, stated that he is a member of the MIPOA and he believes that any tax abatements for development in the City of South Bend should be considered by the Council moot considering that the taxes have been raised on some of the properties owned by personal residents of the County and City and by landlords across the City and the County by as much as three hundred per cent (300 %) to five hundred per cent (500 %). He noted that there appears to be individuals who have the means to pay taxes but there are also the elderly who are on fixed incomes that have had their taxes raised significantly. He noted that in some cases, taxes are more than house payments and he believes that people that can afford to build large houses should have to pay taxes and not receive tax abatements. He suggested that a tax abatement for a one (1) year period while the house is being built would not be out of line but not any longer. He stated that the Council should take these types of tax abatements under advisement. -31- REGULAR MEETING DECEMBER 8.2003 In rebuttal, Mr. Brandenberger stated that he appreciates the comments and sentiment that taxes are an important source of revenue for the City. He pointed out that the lot on which he intends to build is currently vacant so taxes on that property are quite low at this time. When the house in built there will be a much higher payment going into the City's resources. Mr. Brandenberger stated that he is attracted to live in and redevelop the neighborhood to any extent that is possible to draw good families into an already good area. Councilmember King made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3280 -03 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 3722 FOUNDATION COURT, SOUTH BEND, INDIANA 46628 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADAPTO- INDIANA, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 3722 Foundation Court, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Metro- AledoMinor Subdivision, Lot 2, German Township, St. Joseph County, Indiana... and which has Key Number 25 1010 040018, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; -32- 1 1 F-� L.-j REGULAR MEETING DECEMBER 8, 2003 That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. 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 VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. 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 King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Thomas Dockery, 19160 Summers Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dockery thanked the Mayor for meeting with representatives of his company last week and after explaining their desire to add $1.6 million dollars of new equipment along with ten (10) new jobs to South Bend the Mayor gave this abatement his full support. Mr. Dockery noted that earlier this afternoon he met with the Community and Economic Development Committee and he thanked the members of that committee for supporting this tax abatement. He reiterated that they are looking to spend $1.6 million dollars. The company just moved from St. Joseph County into the City limits. They are binging approximately ninety (90) new jobs into the City. This 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. The company makes -33- REGULAR MEETING DECEMBER 8, 2003 components that go into heavy duty semi truck transmissions. He noted that eight (8) of every ten (10) trucks have Adapto parts in them. The ten (10) new jobs that will be created will have average wage of over thirteen dollars ($13.00) per hour and a full benefits package. Mr. Dockery stated that they are organized under the Teamsters Union Local #364 and are proud of their minority employment of over thirty eight per cent (38 %). A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Mr. John Brown, 206 East Jennings Avenue, South Bend, Indiana, advised that he worked at Adapto for twenty (20) years and seventy per cent (70 %) of their associates live within the South Bend community and that is a plus with the additional training and the skills that they provide. He asked that the Council favor this request. Mr. Jeff McGowan, CPA, Kruggel Lawton, 17525 Auten Road, Granger, Indiana, stated that the Memorandum of Agreement that was discussed in the committee meeting this afternoon has been signed and all of the components of that Agreement have been agreed to with the Petitioner and the Council. Mr. McGowan 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. He noted that in the mathematics of the property tax abatement, the abatement is really a reduction in taxes and not a full waiver over the five (5) year period. Over the five (5) years of the abatement the Petitioner on just these $1.6 million dollars ofproperty will pay approximately fifty six thousand dollars ($56,000.00). Going forward in the future, that $1.6 million dollars of equipment will generate approximately twenty thousand five hundred dollars ($20,500.00) ofproperty taxes for this area. This is in addition to the already twenty five thousand dollars ($25,000.00) in annual property taxes that Adapto also makes. Mr. McGowan requested a positive vote on this bill. 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 Pfeifer 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. SUSPENSION OF RULES TO ADD BILL NO. 03 -140 Councilmember King requested that the Council take special action with respect to a Resolution that time prevented from being filed by the Wednesday noon filing deadline and hear the Resolution this evening. He noted that this will require that the Council suspend its rules for the purpose of hearing this Resolution which can only be done by a unanimous vote of the Council. Therefore, Councilmember King made a motion to suspend the rules for the purpose of hearing Resolution 03- 140. Councilmember Kelly seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3281 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 03 -140) CITY OF SOUTH BEND, INDIANA ENCOURAGING EXTENSION AND RENEWAL OF "THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY" (TEA -21) WHEREAS, TEA -21 is a Federal Act that has provided guidelines and funding for public works transportation projects; and WHEREAS, TEA -21 expired on September 30, 2003, and the United States Congress has given TEA -21 an extension of five (5) months in order to review transportation legislation options; and -34- REGULAR MEETING DECEMBER 8, 2003 WHEREAS, it is in the best interest of the citizens of South Bend, Indiana that TEA -21 or its successor be fully funded for at least an additional six (6) years in order to preserve the present, and enhance the future, quality of life and economic development within the community; and WHEREAS, it is further in the best interest of the citizens of South Bend, Indiana, that any reauthorization for TEA -21 guarantee ninety -five per cent (95 %) return of funds contributed by the taxpayers of the State of Indiana to the Highway Trust Fund and further that all motor fuel taxes collected be deposited into the Highway Trust Fund for distribution to the State of Indiana to improve and maintain transportation systems. WHEREAS, it is in the best interest of the citizens of South Bend, Indiana, that any reauthorization legislation continue the Mass Transit Account of the Highway Trust Fund with full support of the fixed- guideway modernization, urbanized area formula, and new starts programs. NOW, THEREFORE, BE IT RESOLVED by The Common Council of the City of South Bend as follows: Section 1. The Common Council of the City of South Bend, Indiana hereby encourages the extension of TEA -21 and any reauthorization legislation that would, in effect, fully fund TEA -21, or its successors, for a period not less than six (6) years. Section 2. A copy of this Resolution shall be sent to the following persons: Honorable Evan Bayh Honorable Richard Lugar Honorable Chris Chocola Section 3. This Resolution shall be in full force and effect from and after the date of its adoption by the Common Council and approval by the Mayor. s/Karl King Member of the Common Council Councilmember King thanked the Council for allowing this discussion to occur. He stated that the purpose of this Resolution is to encourage members of Congress who represent this area to support a reauthorization of the bill that is known as the Transportation Equity Act for the 21 st Century, or TEA -21. Funding from TEA -21 and its predecessor transportation bills have provided a wide range of benefits for our community. It supports the operation of MACOG which is the area transportation planning agency, it supports a number of initiatives that occur throughout our area and in South Bend in particular these funds have been used for some valuable and enjoyable Rails to Trails projects and other things that have gone on in the community. It is one of the few federal programs that allows money to come back in that it is funded by contributions to taxes to the highway trust fund from fuel tax and other sources and the reauthorization bill currently being considered by Congress would return ninety -five per cent (95 %) of the funds contributed by the State of Indiana into the Highway Trust Fund back to funding uses for improvement and maintenance projects of the transportation systems here in the state. Councilmember King noted that the St. Joseph County Council at its November meeting passed a Resolution encouraging members of Congress to support the reauthorization bill. The Resolution presented tonight is identical to that of the County Council. Councilmember King encouraged the South Bend Council as well as the St. Joseph County Council and the Mishawaka Common Council to send a Resolution to inform Senator Bayh, Senator Lugar and Congressman Chocola of the desire to see this transportation act reauthorized. A Public Hearing was held on the Resolution at this time. The following individual spoke in favor of this bill. -35- REGULAR MEETING DECEMBER 8, 2003 Mr. Gary Gilot, Director, Department of Public Works, 1904 Lilac Trails Court, South Bend, Indiana, voiced his support of this Resolution. He noted that these are important monies in terms of major added travel lane projects around South Bend. It also helps with transit, rail and transportation in the area including the airport. It is very important to economic prosperity to maintain the transportation infrastructure and the City should get about eighty cents on the dollar out of the federal funds coming back which would be matched with local resources. He noted that Councilmember King's comments about this amount going to ninety five per cent of every dollar being returned to Indiana is a good thing. Mr. Gilot noted that for years the amount returned was less than that and this bill would raise that amount to ninety five cents ($.95) on a dollar which is a move in the right direction. 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 send this bill to the full Council with a favorable recommendation. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. It was noted that Councilmember Coleman made a motion to send this bill to the full Council with a favorable recommendation instead of to adopt this Resolution. Therefore, Councilmember Coleman withdrew his motion and Councilmember King withdrew his second. Councilmember Coleman then made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 100 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LINDEN AVENUE AND CLEMENS STREET, CONSISTING OF APPROXIMATELY 12.35 ACRES IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 101 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN D1NAN' S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508 -536 CRESCENT AVENUE, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 12 OF -36- 1 1 1 REGULAR MEETING DECEMBER 8, 2003 THE SOUTH BEND MUNICIPAL CODE TO ENHANCE REGULATION OF ALARM SYSTEMS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on January 12, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 72 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1314 CALIFORNIA AVE. IN THE CITY OF SOUTH BEND, INDIANA 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. 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, informed the Council that he was not present at the last Council meeting because he was involved in the round up at the Always Open gas station which is open twenty four (24) hours a day. Mr. Swanson stated that he and his family were involved and as he has said before people do not have any place to go. If a center or a gym were open twenty four (24) hours a day then they would go there. Council President White informed Mr. Swanson that of all the individuals arrested in this round up only three (3) individuals were minors and the rest were over twenty -one (21) years of age. She thanked Mr. Swanson for coming to the Council meetings and noted that the Council appreciates his comments in regards to his concerns about some type of athletic functions for youth. COMMENTS CONCERNING TAX BILLS Mr. Donald Black, 26123 Brush Trail, stated that he lives in the County but owns several rental properties in South Bend. He stated that with the recent tax increases he is frightened and has had his tenants call him. He asked the Council to call state representatives and ask for some exemption on the property taxes to help out renters. He noted that he will have to increase the rent for his tenants and that Portage Township got hit hard with this increase which is not fair to the residents. Mr. Jerry Watts, 1416 North Main Street, Mishawaka, Indiana, informed the Council that he is a landlord but is concerned about what is happening to all property owners in South Bend. He noted that the older residents who have lived in the same home for many years will face foreclosure because they cannot afford the high taxes. He informed the Council that he called Indianapolis and was told that the high taxes are the County's fault. The County has told him that it is the State and the City's fault because that is who spends the money. He asked that the Council send a Resolution to the state and county. Mr. Watts stated that every one of his properties went up one hundred fifty per cent (150 %) and noted that renters comprise fifty per cent (50 %) of the intercity. -37- REGULAR MEETING DECEMBER 8, 2003 Mr. Lawrence Maloney, 606 Pierce Street, Osceola, Indiana, informed the Council that he invested in several properties on Lincolnway which he rehabed. He stated that now his taxes are up one hundred fifty per cent (150% ). He stated that he is trying to save the neighborhood and asked why anyone would want to invest any further. He noted that this tax increase has to be passed onto the renters and the renters cannot afford it. Mr. Maloney stated that he has been told that the City of South Bend has more repossessions that anyone in the nation. His only problem now is selling those properties that no one will want to buy. Mr. Maloney stated that he was helping this City because he rescued these houses from demolition and turned them into properties that generate money for the City. Mr. Will Taylor, 511 Marigold Way, South Bend, Indiana, advised that he is a mortgage broker and he knows of mortgage brokers that bring a lot of money into this area. He noted that every week at the Sheriff s property sale there are twenty -five (25) to fifty (50) homes for sale. He advised that he tracks foreclosures all over the nation and the State of Indiana led the whole nation at 3.6 per one hundred (100) homes foreclosed. He stated that the Council does a great job handling appropriations and all the things they do for the City spending millions of dollars to get people to this City. Mr. Taylor stated that the State of Indiana, the City of South Bend and the County are in for a financial storm where there will be fifty (50) homes foreclosed on each week and landlords throwing their keys on the Mayor's desk. Ms. Darla Teese, 301 East Eckman Street, South Bend, Indiana, told the Council that she purchased a property in October for which the previous owner paid sixty three dollars and fifty cents ($63.50) in taxes. Those taxes have now gone up to three hundred fifty eight dollars ($358.00). Ms. Teese also stated that she owns a few properties and is trying to earn money for her retirement which she will not be able to do if all her money will be needed to pay taxes. Ms. Teese stated that property owners need the Council's help. Mr. Larry Lempke, 1022 South 35th Street, South Bend, Indiana, stated that his company rehabs distressed properties in Portage Township and has spent over three hundred thousand ($300,000.000) in the area. He noted that his company budgeted over $1 million dollars for next year which they will not do because they cannot make any money as rental properties and because of the debt income ratio they will be less desirable for people to purchase. He noted that his company has also bought homes from the condemned list to save the City money on demolition. Mr. Lempke presented pictures to the Council for their review. Ms. Vickie Black, 26123 Brush Trails, South Bend, Indiana, advised that she and her husband buy, renovate and sell property. However, there is no longer an incentive for them to invest within Portage Township. She stated that without the incentive of lower taxes in the inter City, their investment money will go elsewhere. Ms. Black informed the Council that taxes on a property on Sherman Street went from eight hundred dollars ($800.00) a year to two thousand one hundred dollars ($2,100.00). This is a Section 8 tenant who has been in the house for twelve (12) years and the rent should be raised to cover this cost. However, Section 8 will not allow the increase. Ms. Black asked the Council to send a Resolution to state and federal officials concerning this problem She noted that the federal officials could increase the budget for Section 8 tenants and the state officials could offer special credits and exemptions for rental properties and older homes within City limits. Ms. Black asked the Council to take this issue seriously as it does affect the entire City. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday, January 12, 2004. President White wished everyone a wonderful holiday. REGULAR MEETING DECEMBER 8, 2003 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 10:20 p. m. ATTEST: � 9 Loren J. D d , City ler -39- ATTEST: Ka en L. White, Presiden