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HomeMy WebLinkAbout03-11-02 Council Meeting MinutesREGULAR MEETING MARCH 11, 2002 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 11, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly David Varner Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: Karl King Andrew Uj dak 1St District 2nd District 3rd District President 51h District At -Large At -Large At -Large Vice - President 4th District Chairperson, Committee of the Whole 61 District 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 25, 2002 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the February 25, 2002 meeting of the Council be accepted and placed on file. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS REPORT FROM MAYOR LUECKE CONCERNING RECENT EMPLOYEE FIRINGS Mayor Luecke indicated that as the Council is aware there have been too many City employees in the recent past engaged in illegal and unethical behavior. The administration has taken steps to discipline or terminate those employees and criminal charges in those areas are being pursued where warranted. Mayor Luecke noted that the administration is working with the State Board of Accounts for an outside review to see if additional criminal charges are warranted and is seeking advice from the private sector as well as the local universities in terms of putting together a mini seminar that will be taken to each department so that all employees are aware of what is expected of them as City employees. Mayor Luecke advised the Council that on March 7, 2002, he held a meeting with one hundred fifty (150) members of the City's Leadership Team, Department Heads, Division Managers and Supervisors to express his anger at what has transpired and to begin the process of making sure that it does not happen again. Today another meeting was held with fifty (50) members of the City's Management Team, who were also in attendance at the March 7th meeting, to re- enforce that message. The administration will be looking at team visits to different departments and additional supervisory training if that is necessary to make sure that employees live up to the highest standards. Additionally being considered are a variety of actions including an internal audit of the books as well as an internal audit of management procedures to make sure checks and balances are in place. They may look into the establishment of an Office of Compliance. Mayor Luecke stated that he is open to any and all suggestions from the Council and reiterated that it is unfortunate that this small percentage of City employees has tarnished the reputation of the vast majority of City employees -1- REGULAR MEETING MARCH 11, 2002 who work hard each day to provide appropriate services to the community. Mayor Luecke stated that this action will not be tolerated and dishonesty in the workplace will mean dismissal. He intends to use all tools that are available to make sure that employees live up to the expectations of the community. In response to a question from President Kelly, Mayor Luecke advised that there are approximately one thousand four hundred (1,400) individuals employed by the City and that fourteen (14) employees have been terminated within the last three (3) months from several different departments. He noted that the problems have not been only in one department but in a number of areas. It is essential that employees know that they are expected to give a full days work for a full days pay. He also noted that there were some issues where theft was taking place, and for those employees, the City will follow up with criminal charges. President Kelly thanked the Mayor for his forthrightness and asked the Mayor to keep the Council posted on the pursuing investigation and his plans for the future to prevent this from happening again. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Vice - President Karen White presided in the absence of Chairman Karl King. BILL NO. 117 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner reported that the Zoning & Annexation Committee conducted a Public Hearing on substitute Bill No. 117 -01 this afternoon and sends it to the Council with a favorable recommendation subject to the recommendations in the Area Plan Commission report which includes some screening. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from `B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a Commercial /Retail /Office development for a Family Dollar or similar store, a Subway eatery or similar store with drive -thru, a financial facility /office or similar uses and including the reuse of the southern existing home for retail /office uses. Mr. Myers further advised that the property currently contains a single - family home. Located to the north are commercial businesses zoned "C" Commercial, "A" Height and Area, an office zoned "C" Commercial, "C" Height and Area and single family homes zoned "A" Residential, "A" Height and Area; to the east is an office zoned "C -1" Commercial, "A" Height and Area; to the south are single family homes zoned "A" Residential, "A" Height and Area and to the west is a kennel zoned "C" Commercial, "A" Height and Area. Access to the site is from Lincolnway West. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 1.5 acres. Of that, the buildings will occupy seventeen per cent (17 %) of the site, the parking and drives will occupy fifty -four per cent (54 %) of the site and twenty -nine per cent (29 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, -2- 1 D 1 REGULAR MEETING MARCH 11, 2002 flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. Mr. Myers noted that the City Engineer has commented that the existing lots will need a replat to create new openings in the non - access easement, the final site plan will need to develop shoulder construction, curb and water or accel /decel lanes and the drainage plan should use the rational method. Based on its Public Hearing held on February 19, 2002, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan showing a six (6) foot high solid wood fence and requiring the petitioner to work with the staff to provide further buffering such as berming and plantings along the south property line. The petition area abuts commercially zoned property to the east and west and there are other commercially zoned properties to the north across Lincolnway West. The proposed commercial zoning and uses are not out of character with the surrounding development and are reasonable along Lincolnway West in this area. Mr. Brad Toothaker, CB Richard Ellis, 130 South Main Street, Suite 350, South Bend, Indiana, made the presentation for this bill. Mr. Toothaker advised that he would further support what has already been said for the planned use of this development. He further advised that they have agreed to cooperate with certain individuals who have requested input to make sure that it is a development that is friendly and useful for the neighborhood and conforms to the existing uses in the area. 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 substituted. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 6 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a restaurant with a drive -thru window and an ATM machine. The property currently contains a fast food restaurant. Mr. Myers further advised that located to the north and south are commercial businesses zoned "C" Commercial, "A" Height and Area and parking lots associated with the Commercial businesses zoned "A" Residential, "A" Height and Area, to the east across Michigan Street is vacant land'zoned "A" Residential, "A" Height and Area and to the west across Main Street are single family homes zoned "A" Residential, "A" Height and Area and a residential structure and a commercial building zoned "D" Light Industrial, "A" Height and Area. Access to the site is from both Main Street and Michigan Street. Water and sewer are available to site. The drainage has been addressed by the -3- REGULAR MEETING MARCH 11, 2002 petitioner. The total site to be rezoned is 1.77 acres. Of that, the buildings will occupy four per cent (4 %) of the site, the parking and drives will occupy fifty -seven per cent (57 %) of the site and thirty - nine per cent (39 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards or wetlands are present. The St. Joseph County Ireland Road (Bendix) CERCLIS environmental hazard site is located to the south of the site. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on February 19, 2002, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The majority of the property is currently zoned "C" Commercial. The proposed new facility and expansion will have a positive impact on the surrounding area. Mr. Greg Barkstrom, Wendy's Restaurants, 20 North Union Street, Rochester, New York, made the presentation for this bill. Mr. Barkstrom informed the Council that Wendy's intends to replace the twenty -five (25) year old facility at this location. He noted that they also purchased the lot next door which will allow them to expand and improve the drive thra and the parking requirements and also to allow for the installation of a Teachers Credit Union ATM. 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. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 9 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE l; SEC. 21 -1 DEFINITIONS, AND ARTICLE 2, DIVISION 9, SEC. 21 -23 "C -2" PLANNED SHOPPING CENTER DISTRICT, USES PERMITTED, OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A DEFINITION OF RELIGIOUS INSTITUTIONS AND TO ALLOW RELIGIOUS INSTITUTIONS TO BE LOCATED IN THE "C -2" PLANNED SHOPPING CENTER DISTRICT Councilmember Varner reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Myers advised that this is an Area Plan Commission initiated petition to amend Chapter 21 of the South Bend Municipal Code to provide a definition of religious institutions and to allow religious institutions to be located in the "C -2" Planned Shopping Center District. The Area Plan Commission, at its Public Hearing held on February 19, 2002, sent this petition to the Council with a favorable recommendation. This bill provides that storefront churches will be allowed in "C -2" zoned shopping centers or shopping districts. This is something that is being done across the country and churches are already allowed in other "C" zoned areas such as "C" Commercial and "C -1." This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. CE REGULAR MEETING MARCH 11, 2002 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. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 14 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE #103 -98, AS AMENDED Councilmember Coleman made a motion to continue this bill until the March 25, 2002 meeting of the Council. Councilmember Varner seconded the motion. Councilmember Kirsits noted that this bill was continued this afternoon at the joint meeting of the Utilities and Health and Public Safety Committees to allow for more public input and to receive more detailed information from the County Health Department, City Engineering Department and the South Bend Water Works as well as to encourage more citizen input. The motion carried by a voice vote of seven (7) ayes. RISE AND REPORT Councilmember Pfeifer made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: Loretta J. Du City erk ATTEST: K ren White, Actih Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:20 p.m. Council President Roland Kelly presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9310 -02 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; RICHARD MURPHY ANNEXATION 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 seven (7) ayes. -5- REGULAR MEETING MARCH 11, 2002 ORDINANCE NO. 9311 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to substitute this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9312 -02 AN ORDINANCE MENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCENO. 9313 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 1, SEC. 21 -1 DEFINITIONS, AND ARTICLE 2, DIVISION 9, SEC. 21- 23 "C -2" PLANNED SHOPPING CENTER DISTRICT, USES PERMITTED, OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A DEFINITION OF RELIGIOUS INSTITUTIONS AND TO ALLOW RELIGIOUS INSTITUTIONS TO BE LOCATED IN THE "C -2" PLANNED SHOPPING CENTER DISTRICT 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 seven (7) ayes. RESOLUTIONS BILL NO. 2 -14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1939 CHARLES STREET, SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this Resolution from the agenda. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 02 -15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN M REGULAR MEETING MARCH 11, 2002 AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR VIRK MART, INC. Councilmember Coleman made a motion to continue this bill until the March 25, 2002 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3068 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4374 FOXFIRE DRIVE, 4131 GREENGLADE COURT AND 4308 CROSS CREEK DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4374 Foxfire Drive, 4131 Greenglade Court and 4308 Cross Creek Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address 4374 Foxfire Drive 4131 Greenglade Court 4308 Cross Creek Drive as a Residentially Distressed Area; and Legal Description Lot 264 Cross Creek Lot 77 Cross Creek Lot 130 Cross Creek Key Number 25 -1010- 036579 25 -1010- 036887 25- 1010 - 036855 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: -7- REGULAR MEETING MARCH 11, 2002 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 to 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 to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for prof ects 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. In REGULAR MEETING MARCH 11, 2002 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/Roland Kelly Member of the Common Council Mr. Michael E. Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski informed the Council that this is one of many tax abatements they have had and they hope to continue working and building in the City of South Bend. He asked for the Council's support of this Resolution. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3069 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE INDIANA COMMISSION ON COMMUNITY SERVICE AND VOLUNTEERISM FOR AN AMERICORPS GRANT WHEREAS, the Mayor of the City of South Bend, Indiana is the Chief Executive Officer of the City and is the appropriate applicant for an AmeriCorps Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application, up to the maximum amount of $385,000, to the Indiana Commission on Community Service and Volunteerism AmeriCorps Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the AmeriCorps Grant application to be submitted by the Mayor to the Indiana Commission on Community Service and Volunteerism. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to the expenditure of any funds received from the Indiana Commission on Community Service and Volunteerism as a result of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should it be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. in REGULAR MEETING MARCH 11, 2002 SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Councilmember Aranowski advised that the Personnel and Finance Committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Department of Community and Economic Development, 12th Floor, County - City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Leonard stated that this Resolution allows the City to apply to the State for funding for the AmeriCorps program. This is the first time that the City will be putting the application together and submitting it as they took over the administration of this program last September. The AmeriCorps program allows for volunteers to work with various not - for - profits in the community providing service for a term of one (1) year. During this period of service volunteers will receive a living allowance and at the end of that time will receive an educational award. 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 Varner 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 seven (7) ayes. RESOLUTION NO. 3070 -02 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 2002 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 25, 2002, recommended the issuance of the license for the below listed applicant in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: -10- REGULAR MEETING MARCH 11, 2002 SECTION I. That the license application for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February of 2002, and subsequent favorable recommendation by the Board of Public Works: Weaver Truck & Equipment 3605 South Gertrude South Bend, Indiana 46614 Steve & Gene's Auto Truck Salvage 3109 Gertrude South Bend, Indiana 46614 South Bend Scrap & Processing 3113 South Gertrude South Bend, Indiana 46614 South Bend Scrap & Processing 1305 Prairie South Bend, Indiana 46613 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Councilmember Aranowski advised that the Personnel and Finance Committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works and Member, Board of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot advised that the Board of Public Works sent this Resolution to the appropriate departments who have reviewed it and sent it back with favorable recommendations. Therefore, Mr. Gilot recommended the Council's approval. 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 Varner 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 seven (7) ayes. BILLS - FIRST READING BILL NO. 15 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS STREET & 619 EAST WASHINGTON STREET 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 Coleman seconded the motion which carried by a voice vote of seven (7) ayes. -11- REGULAR MEETING MARCH 11, 2002 BILL NO. 16 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE QUALITY OF LIFE IN RESIDENTIAL DISTRICTS, TO CLARIFY THE DEFINITION OF VEHICLES WHICH SHOULD NOT BE PARKED IN RESIDENTIAL DISTRICTS, AND TO ENHANCE THE ENFORCEMENT OF THE ZONING ORDINANCES OF THE CITY OF SOUTH BEND This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 17 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGARDING PUBLIC FIRE PROTECTION SERVICE COSTS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety Committee and the Utilities Committee and set it for Public Hearing and Third Reading on March 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 18 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 - $1,600,000 FROM THE COUNTY OPTION INCOME TAX FUND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel Committee and the Pubic Works and Property Vacation Committee and set it for Public Hearing and Third Reading on March 25, 2002. Councilmember Coleman seconded the motion which carried by a. voice vote of seven (7) ayes. UNFINISHED BUSINESS LOITERING ORDINANCE - NEIGHBORHOOD MEETINGS Councilmember Pfeifer thanked all of the neighborhood associations and partnership centers for hosting the various loitering meetings that have taken place throughout the City. She also thanked the Police Department and the South Bend Tribune for getting the word out on these meetings. Councilmember Pfeifer noted that the meetings were very well received and took a lot of work. Councilmember Pfeifer noted that the next step in this process is for the neighborhood associations to let her and Councilmember King know if they are in favor of proceeding with this loitering ordinance. President Kelly thanked Councilmember Pfeifer for her hard work in this matter. NEW BUSINESS There was no new business to come before the Council. -12- 1 f] it REGULAR MEETING MARCH 11, 2002 PRIVILEGE OF THE FLOOR There was no one present wishing to speak at this time. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:32 p.m. ATTEST: or*.44da,' ity Clerk -13- ATTEST: Roland Kelly, President