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HomeMy WebLinkAbout03-10-03 Council Meeting MinutesREGULAR MEETING MARCH 10, 2003 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, March 10, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Roland Kelly David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Karl King OTHERS PRESENT: 1St District 2nd District 3`d District 5" District 6th District At -Large Vice - President At -Large At -Large President 4" District Chairperson, Committee of the Whole 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 February 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 February 24, 2003 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REGULAR MEETING MARCH 10, 2003 WHEREAS, in October of 1973, volunteers in Midland, Texas, repaired seventeen (17) of their neighbors' homes and decided to assist in an "annual workday each April" to assist low - income, disabled or elderly who needed help in maintaining their homes; and WHEREAS, in 1988 a national program entitled "Christmas in April, USA" was formed to help spread the program throughout the United States and it has grown today to include 260 local affiliates in communities in all of the fifty states where 1.8 million volunteers in more than 865 cities and towns participate to repair and rehabilitate homes and non - profit facilities resulting in a market impact of more than $84 million nationally; and WHEREAS, Christmas in April, USA, officially changed its name to "Rebuilding Together, Inc." in early 2001 and is today the largest volunteer organization, one that has preserved and revitalized over 63,000 low- income homes in communities throughout the nation; and WHEREAS, Christmas in April, in St. Joseph County began in 1989 and since its creation over 30,000 volunteers have donated their time, talents and resources in completing nearly $7 million of repairs to 570 homes in the following neighborhoods: Northeast, Southeast, West Washington, Westside /St. Casimir's, Rum Village, Northwest, Near Northwest, Near Westside Partnership Center Neighborhood and the Westside; and WHEREAS, volunteers in the Rebuilding Together with Christmas in April Program in South Bend include skilled union workers from the Saint Joseph Valley Building and Construction Trades Council and other trade contractors; Home Builders Association; local businesses, churches and synagogues; employees from the City of South Bend; and students from the University ofNotre Dame, St. Mary's College, Holy Cross College, Bethel College and IUSB working in partnership and utilizing Community Development Block Grant dollars and other generous donations to "repair and spruce up homes of low- income, disabled and elderly neighbors." 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 thanks the countless volunteers who have donated their time, talents and resources for fourteen (14) years of successful and rewarding REBUILDING TOGETHER WITH CHRISTMAS IN APRIL PROGRAMS in South Bend, Indiana. Section II. The Common Council is indeed grateful to each and every volunteer and salutes all of those who will be participating on April 5th and April 12th, 2003, in the REBUILDING TOGETHER WITH CHRISTMAS IN APRIL PROGRAM in South Bend's Miami Village Neighborhood. 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/Dr. David Varner, Fifth District s /Charlotte Pfeifer, Second District s /Ervin Kuspa, Sixth District . REGULAR MEETING MARCH 10, 2003 First District Councilmember Jim Aranowski, 2229 Pine Creek Court, South Bend, Indiana, made the presentation for this Resolution by reading it in its entirety and presenting it to the Board members of the Christmas in April Program. Councilmember Aranowski noted that he has had the privilege of working on the Christmas in April Program and it is great to see all the groups come together and help the people of our community. Ms. Iris Outlaw, 2902 Bonds Avenue, South Bend, Indiana, Secretary, Christmas in April Rebuilding Together Executive Board, on behalf of all of the volunteers in the community, thanked the Council for supporting this effort which they have provided to the community over the last fourteen (14) years. 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 Varner seconded the motion which carried by a roll call vote of eight (8) ayes. On behalf of the Common Council President White thanked all the volunteers of this program for their time, effort and commitment to the community. Councilmember Coleman noted that the date this year is April 12th for the general community participation in the Rebuilding Together Program. BILL NO. 03 -25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY'S PARTICIPATION IN A JOINT TERRORISM STEERING COMMITTEE AND A JOINT TERRORISM PREPAREDNESS AND RESPONSE COMMITTEE Councilmember Coleman made a motion to continue this bill until the March 24, 2003 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. READING OF NOTICE OF PUBLIC MEETING Council President White asked City Clerk Loretta Duda to read into the record the following letter received from the Community and Economic Development office regarding an upcoming public meeting: To: Karen White From: Ann Kolata Subject: Notice of Public Meeting REGULAR MEETING MARCH 10, 2003 The draft grant application will be available for review at the Department of Community and Economic Development, 1200 County City Building beginning Wednesday, March 12th at 9:00 a.m. Written comments on the grant application that are received by 12:00 Noon on March 17th will be considered in the final application. For additional information contact: Department of Community and Economic Development: Ann Kolata 574- 235 -9374 or Andy Laurent 574- 245 -6112 Copies of the Public Meeting Notice are available on the table outside the Council Chambers. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:13 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 eight (8) ayes. Councilmember Coleman, Vice - President, presided in the absence of Councilmember King, Chairperson, Committee of the Whole. Councilmember Coleman advised that this is the Public Hearing portion of the meeting in which bills for consideration will be read and a presentation will be made by the Petitioner. Should the bill require a report from the Area Plan Commission staff they will precede the presentation. After the presentation there will be an opportunity as part of the opening presentation for Councilmembers to ask questions. If there are no questions, the meeting will move to the opportunity for citizens who wish to speak in favor of the bill to come forward followed by those who wish to speak in opposition to come forward. The Petitioner will then have the opportunity for a five (5) minute rebuttal. After that period, Councilmembers have the opportunity to deliberate over the bill and make a decision as to the bill's disposition whether that be to send the bill favorably or unfavorably to full Council or to give a continuance to the bill. BILLS - PUBLIC HEARING BILL NO. 8 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL, II, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA 46628 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon and sends it to the Council with a favorable recommendation. Mr. Mike Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, South Bend, Indiana, made the presentation for this bill. [I 1 M REGULAR MEETING MARCH 10, 2003 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 with Third Reading being given on March 24, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 1 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting and discussion concerning this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, residing at 128 South Coquillard, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the Petitioner is requesting a zone change from `B" Residential, "A" Height and Area to "C -1" Commercial, `B" Height and Area to allow a bank with a drive through window. The property contains a vacant office building. Located to the north is a golf course zoned "A" Residential, "A" Height and Area; located to the east is a business zoned "C" Commercial, "A" Height and Area; located to the south are businesses zoned "C -2" Planned Shopping Center, "E" Height and Area and single family homes zoned `B" Residential, "A" Height and Area; located to the west are an office, cemetery and multi - family structure zoned `B" Residential, "A" Height and Area. Access to the site is from High Street. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is thirty-one thousand five hundred fifty -seven (31,557) square feet. Of that, the buildings will occupy 8.75 per cent of the site, the parking and drives will occupy 53.55 per cent of the site, and 37.7 per cent of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, or environmental hazard areas are present. The site is partially within a flood hazard zone. The site plan is preliminary. The City Engineer has stated that the Petitioner may use the City storm sewer in High Street for overflow of the retention basins and also that the existing sewer tap should be used for the proposed bank, and if that is not possible, the sewer in Hawbaker Street must be used for the new tap. Based on its Public Hearing held on February 18, 2003, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan. Commercial zoning makes sense at this location because it is located at a primary entrance to a major commercial shopping destination. As such, it should have minimal adverse effect on the surrounding area. Mr. Rick Morgan, Attorney, Sweeney, Pfeifer, Morgan & Stesiak, 53600 North Ironwood Drive, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING MARCH 10, 2003 questions about the site plan and Mr. Donald Kyle, Executive Vice - President of MFB was available to answer questions about the operation of the bank. 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. President White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 3 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 NORTHSIDE BLVD. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. John Byorni, Area Plan Commission, no address given, presented the report from the Commission. Mr. Byorni advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area to `B" Residential, `B" Height and Area to allow a multi - family residential building. The property contains a vacant single family structure. All the surrounding properties are zoned "A" Residential, "A" Height and Area. Located to the north are single family homes; located to the east is a multi - family building, located to the south is vacant land and the St. Joseph River; and located to the west is the River Park Neighborhood Partnership Center. Access to the site is from the alley north of the property. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is fifty two- hundred (5,200) square feet. Of that, the buildings will occupy thirty -seven per cent (37 %) of the site, the parking and drives will occupy sixteen per cent (16 %) of the site and forty -seven per cent (47 %) of the site will remain as open space. 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 will be required at the final site plan stage. As shown, a variance is required to allow the building to be within the front yard setback. The Area Plan Commission, at its Public Hearing held on February 18, 2003, sent this Petition to the Council with a favorable recommendation subject to a final site development plan. This rezoning represents a positive investment in the River Park Neighborhood and is in line with other multi - family properties along Northside Boulevard and the St. Joseph River. Mr. Tibby Mihalache, 117 South Main Street, Mishawaka, Indiana, made the presentation for this bill. Mr. Mihalache advised that he would like to make an investment in this area by developing a multi- family property which will be high end and will increase the value of the property in the surrounding area. REGULAR MEETING MARCH 10, 2003 answers and they voted overwhelmingly to support this rezoning. On his own behalf, Mr. Steele stated that he is familiar with some of the other properties that Mr. Mihalache has built in the neighborhood and they have improved his property value. He noted that there are a couple of other apartment buildings along Northside so what Mr. Mihalache is proposing is not a new or different concept. Mr. Steele further noted that the house that is at this location is in poor shape and what Mr. Mihalache proposes is a very logical thing. There was no one else present wishing to speak to the Council in support of this bill and there was not one present wishing to speak in opposition to this bill. Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 130 PARK LANE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK Council Attorney Kathleen Cekanski - Farrand advised that the following amendment has been offered: Strike Section 3 in its entirety and renumber Section 4 to Section 3 Councilmember Aranowski made a motion to accept this amendment as read. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill and sends it to the Council with a favorable recommendation as amended. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. Mr. Oxian advised that Mr. Arthur May was the original owner of this Colonial Revival style house which was built in 1927. He noted that it is in excellent condition and is ranked as an S 12. The house is currently owned by Memorial Hospital but is being used by the Junior League. Mr. Oxian stated that the Historic Preservation Commission strongly recommends that this house and garage be made a local landmark. 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 as amended. Councilmember Kelly seconded the motion which carried by a REGULAR MEETING MARCH 10, 2003 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met and sends this bill to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian advised that this Queen Anne style house, known as the Secor House, was built in 1903 at a time when several very elegant houses were built on Lincolnway West. Prior to that period most of the houses were either closer to town or farmhouses from the 1880's or 1890's. Today this is one of the few if not the only house of this style that is still on Lincolnway West. Not only does the Commission recommend this house for landmark status but as a member of the Lincolnway West Steering Committee Mr. Oxian noted that he also carries forth their recommendation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 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. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 13 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 833 NORTHSIDE BLVD., IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met and considered the pros and cons of this particular bill and the conclusion of the committee is that it be submitted to the Council with a favorable recommendation with amendments. Council Attorney Kathleen Cekanski- Farrand offered the following amendments for consideration: 1. The title of the bill would read as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND DESIGNATING THE TWO (2) STREET LIGHTS CURRENTLY LOCATED AT 833 NORTHSIDE BOULEVARD IN THE CITY OF SOUTH BEND LOCAL HISTORIC LANDMARKS 2. Section 1. would read as follows: The Historic Preservation Commission of South Bend and St. Joseph County, after due study has recommended the designation of the two (2) street lights currently located at 833 Northside Boulevard as historic landmarks under Ordinance No. 5565 -73. 1 0 REGULAR MEETING MARCH 10, 2003 seconded the motion which carried by a voice vote of eight (8) ayes. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian advised that these two (2) street lights are located on the Cutter property where they were originally constructed. However, since the building has changed so much, the most significant part is the two (2) street lights located in the front which are very unique street lights of the type that were not constructed for pedestrians but mainly for automobile traffic because they are the overhang type. They are decorative cast iron and were used mainly on side streets. The last of them were moved in about the 1950's and these are the only two (2) that are left. Mr. Oxian noted that the Historic Preservation Commission is anxious to preserve these two (2) street lights and appreciates the amendments so that if they have to go somewhere else at least they will be saved. 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 as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 16 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,672 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Assistant Fire Chief Rick Switalski, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Switalski advised that this bill appropriates one hundred twenty -five thousand six hundred seventy -two dollars ($125,672.00) from the EMS Capital Improvement Fund which is a federal share of the federal grant award in 2002. This appropriation, along with the thirty per cent (30 %) match which was appropriated earlier in the year, will allow the department to purchase a clear command communication system for the firefighters which will increase their safety and also communications on the fire ground. Chief Switalski asked for the Council's favorable consideration of this bill. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this REGULAR MEETING MARCH 10, 2003 RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: Loret J. da, ity Clerk Sean Coleman, Vice - President In the absence of Karl King, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:40 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9399 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; THE VILLAS AT LAKE BLACKTHORN II, LOCATED IN THE 51700 BLOCK OF ORANGE ROAD 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 eight (8) 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 eight (8) ayes. ORDINANCE NO. 9400 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA 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 eight (8) ayes. ORDINANCE NO. 9401 -03 AN ORDINANCE AMENDING THE ZONING REGULAR MEETING MARCH 10, 2003 ORDINANCE NO. 9402 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 130 PARK LANE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had third reading. Councilmember Coleman made a motion to hear the amended version of this bill as was considered in the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9403 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 1114 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK 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 eight (8) ayes. ORDINANCE NO. 9404 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND DESIGNATING THE TWO (2) STREET LIGHTS CURRENTLY LOCATED AT 833 NORTHSIDE BOULEVARD IN THE CITY OF SOUTH BEND LOCAL HISTORIC LANDMARKS This bill had third reading. Councilmember Coleman made a motion to entertain the amended version of this bill as was heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion for the passage of this bill as amended. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9405 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,672 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. REGULAR MEETING MARCH 10, 2003 CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 432 S. LAFAYETTE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RESCUE, INC. AND HOPE HOUSING L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 432 S. Lafayette Street, South Bend, Indiana, and which is more particularly described as follows: A Part of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and more particularly described as; Lots 52, 53 and 54 of Samuel Martin's Addition and which has Key Number 18- 3015 -0556, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of ten (10) years. 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/Karen L. White Member of the Common Council ■ REGULAR MEETING MARCH 10, 2003 shelter for families, which will be called the Family Life Center. A portion of the building will be leased to Hope Housing L.P. which will own thirty -four (34) units of transitional housing. The housing will be owned by the limited partnership because the partnership will receive funding through the Low Income Housing Tax Credit Program. Hope Housing will be responsible for real property taxes on the portion of the building that will be owned, and they are seeking a ten (10) year abatement on that portion. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 03 -27 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. BILL NO. 03 -28 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. Councilmember Coleman made a motion to combine Bill Nos. 03 -27 and 03 -28 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3169 -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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for REGULAR MEETING MARCH 10, 2003 the provisions of Indiana Code 6 -1.1 -12.1 et seci., and South Bend Municipal Code Sections 2 -76 et se Q., 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 sue., and South Bend Municipal Code Sections 2 -76, et sea., 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 that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et se g., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. 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. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an REGULAR MEETING MARCH 10, 2003 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. 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 RESOLUTION NO. 3170 -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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, 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 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: A Part of the East Half of the Southwest Quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana and this property has Key Number 18- 2193 -7257, 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 sea., 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 SeMc ., and South Bend Municipal Code Sections 2 -76, et se Q., 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: REGULAR MEETING MARCH 10, 2003 proposed installation of new manufacturing equipment; C. 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 Sections 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 Kelly made a motion to accept the substitute version of Bill No. 03 -27. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Vice - Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on these bills this afternoon and sends them both to the full Council with favorable recommendations. Mr. Peter Trybula, Baker & Daniels, 205 West Jefferson Street, South Bend, Indiana, made the 0 REGULAR MEETING MARCH 10, 2003 ground cloths and self supporting tanks as well as pneumatic bags for aircraft lifting. All products are manufactured in accordance with U.S. military specifications and the company has a record of one hundred per cent (100 %) on time delivery and a zero per cent (0% ) rejection rate. GTA currently has contracts from the U.S. military for several million dollars for collapsible containers and has recently been awarded additional government contracts for substantial additional sums running through the year 2006. These contracts require GTA to produce up to twelve (12) different sizes of tanks simultaneously, depending on the U.S. Army's requirements. GTA therefore needs to expand its current manufacturing capabilities to accommodate the additional work and is seeking to build a new twenty -four thousand (24,000) square foot building. The new project will cost six hundred thousand dollars ( $600,000) for the construction of the new building by Fox Trot Realty and GTA Containers will purchase two hundred fifty thousand dollars ( $250,000) of new production equipment. There are currently seventeen (17) full time employees at GTA and they plan to increase their workforce by four (4) to six ( 6) additional positions. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion for passage of amended Bill No. 03 -27. Councilmember Kelly seconded the motion which carried by a roll call vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to adopt Bill No. 03 -28. Councilmember Coleman seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTION NO. 3171 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2003 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operation have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises is fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on February 24, 2003, REGULAR MEETING MARCH 10, 2003 Department Prevention Bureau, inspections having been made in February of 2003, and subsequent favorable recommendation by the Board of Public Works: Indiana Auto Parts 3301 South Main Street South Bend, Indiana 46614 South Bend Waste Paper 3109 Gertrude Street South Bend, Indiana 46613 Weaver Truck & Equipment 3605 South Gertrude South Bend, Indiana 46614 Hurwich Iron 1700 West Washington South Bend, Indiana 46628 Indiana Iron & Metal 1602 South Lafayette South Bend, Indiana 46619 U.S. Scrap & Recycling 1420 South Walnut Street South Bend, Indiana 46619 Steve & Gene's Auto 1305 Prairie South Bend, Indiana 46614 A -1 Auto Parts 2014 South Lafayette South Bend, Indiana 46613 Hurwich Iron 2016 West Washington South Bend, Indiana 46628 South Bend Scrap & Processing 3113 South Gertrude South Bend, Indiana 46614 South Bend Iron & Metal 429 West Indiana South Bend, Indiana 46613 South Bend Scrap 3113 South Gertrude South Bend, Indiana 46613 Hurwich Iron 1610 Circle South Bend, Indiana 46628 Indiana Iron & Metal 1700 South Lafayette South Bend, Indiana 46619 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee heard this Resolution this afternoon and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Representing the Board of Public Works, 13th Floor, County -City Building, residing at 1904 Lilac Trails Court, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the Board of Public Works had reviews of the scrap metal, junk dealers and transfer station license applicants done by Code Enforcement and the Fire Department. They had further reviews done by the water utility and the St. Joseph County Health Department for wellhead protection issues. There are fourteen (14) applications for consideration at this time. All are recommended favorably. One (1) of the applicants, because of the proximity to the south well field, is operating under a compliance schedule to do certain containment features to protect the groundwater and they are cooperating in that. The City Engineer also reviewed issues of encroachment in the public right of way. Mr. Gilot noted that the Board of Public Works recommends this Resolution favorably. Council Attorney Kathleen Cekanski- Farrand offered a friendly amendment as follows: C r, 0 REGULAR MEETING MARCH 10, 2003 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 as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 18 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD, APPROXIMATELY 350 FEET EAST OF WALDEN COURT AND 450 FEET WEST OF FINCH DRIVE, CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 19 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,900.00 INDIANA RIVER RESCUE (FUND #291) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 24, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 20 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $8,624.00 HAZMAT FUND (FUND #289) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 24, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 21 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS TO EVIDENCE A LOAN FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT BROWN- FIELDS CLEANUP REVOLVING LOAN FUND REGULAR MEETING MARCH 10, 2003 Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 22 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 923 & 925 BLAINE AVE., IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 17 -03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 1390 IRELAND ROAD BEING MORE SPECIFICALLY SCOTTSDALE MALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 24, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS REGARDING "PEACE" RESOLUTION Ms. Ellen Stecker, District 4, Member of the Michiana Peace and Justice Coalition, no address given, informed the Council that several weeks ago she sent Councilmembers a copy of a proposed Resolution to make South Bend, Indiana, one of the many Cities for Peace in this country. She noted that apparently it was discussed by the Council and decided that the Council itself did not wish to sponsor such a Resolution. She noted that she is present to ask the Council to rethink that decision as well as to bring forward a few other ideas. The concept of Cities for Peace is a strange one. It means that they are going to look at the bad effects of a war on Iraq in our own city. It means devoting more time to building a better South Bend. It means engaging in talk with representatives about how they wish to act in the world and how much they want to spend on those things. Ms. Stecker advised that they have spoken to the Senators and Representatives and the war goes on. Now they need the help of the Council who are the local elected representatives. They need the Council's influence with the federal government to try to turn this around. Ms. Stecker noted that the proposed Resolution asks the Council to use their influence to try to convince the federal REGULAR MEETING _ MARCH 10, 2003 without taking an official position on the war but noting the profound impact that the war is going to have in our community. She asked that the Council consider this matter. Mr. Peter Smith, 1036 North Niles Avenue, South Bend, Indiana, asked that the Council put on their agenda the Resolution on the war in Iraq which they received several weeks ago. He noted that they have collected over four hundred thirty (430) signatures which he presented to the Council. He also noted that over one hundred thirty (130) U.S. cities have passed similar Resolutions including Chicago, Gary, Bloomington and Kalamazoo in Michigan. It is their opinion that the war is unnecessary and there are alternative ways of disarming Iraq. Mr. Smith stated that his main point is that South Bend and the State of Indiana cannot afford this war. Mr. Smith cited costs of the war which could be utilized for other purposes and read a couple of passages from the proposed Resolution. Ms. Anne Hayner, 754 Leland, South Bend, Indiana, noted that she is worried about the future of her children and the Council supporting the Cities for Peace is the least of the things that the Council can do. She noted that the Council represents their voice in a way that can't be heard otherwise. She advised that this is a huge concern and that going to war with Iraq will make everyone much less secure. The likelihood of terrorism attacks in the future will increase if the United States attacks Iraq. Ms. Hayner stated that everyone has a moral obligation to take a position here and she is astonished that the Council would not take a stand on this moral issue. Ms. Sheila Provencher, 507 Parkovash Avenue, South Bend, Indiana, noted that she came to speak tonight because she traveled in Iraq for two (2) weeks in December as a member of Iraq Peace Journey a group of US catholic leaders. Religious officials told them that when they returned to their communities to first ask the people to pray for them and then tell them what they saw while they were there. Ms. Provencher shared images of what she saw in Iraq. She noted that the people there are afraid of their government but right now they are more frightened of a US attack. She noted that her hope is that in whatever way everyone can that they make some sort of stand and the City Council make some kind of formal stand and do what they can out of concern for the citizens of South Bend and concern for the citizens of the world. Ms. Lois Clark, 6417 Cedar Trail, South Bend, Indiana, explained that people are asking why our country is doing this. Ms. Clark said in lieu of her speaking she would like the Council to listen to a song by Ed Ames entitled "Who Will Answer." Ms. Clark handed out to the members of the Council a small picture of individuals with the caption "Who backs an Iraq attack ?" while the song played. Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he said he would not miss a Council meeting but he was not present at the last meeting because he was involved in a car accident and the car was being repaired. In regard to the war, he noted that he is a ten (10) year disabled veteran and does not believe any war is just, especially a pre - empted strike. He asked that the Council take into consideration what the other individuals that have spoken have said. Ms. Martha Carroll, 53200 Twyckenham, South Bend, Indiana, stated that she would like to add her voice of support. As a pastor this issue is something that the members of the congregation are talking about a lot and this is a wonderful opportunity for the community to have a voice and to take REGULAR MEETING MARCH 10, 2003 REQUEST FOR VOLUNTARY REGISTRATION OF WEAPONS Mr. John Oxian, 742 Sancome, South Bend, Indiana, suggested that the Council encourage the South Bend Police Department to start a voluntarily registration of weapons such as rifles and handguns. He noted that registering firearms will make it easier for individuals and insurance companies should their property be lost or stolen. ANNOUNCEMENT OF NEXT COMMON COUNCIL MEETING President White announced that the next Common Council meeting will be held on Monday, March 24, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:25 p.m. ATTEST: Lorett . D a, C' y lerk ATTEST: 4ren L. White, Presi ent 1 1 0