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HomeMy WebLinkAbout08-27-01 Council Meeting MinutesREGULAR MEETING AUGUST 27, 2001 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, August 27, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1St District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Absent: None Vice - President President Chairperson, Committee of the Whole 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 August 13, 2001 and August 19, 2001 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the August 13, 2001 and August 19, 2001, meetings 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 There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 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. Chairman Ujdak presiding. BILL NO. 58 -01 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; 61045 U.S. 31 SOUTH, SOUTH BEND, INDIANA Councilmember White made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this substitute bill and sends it to the Council with a favorable recommendation. REGULAR MEETING AUGUST 27.2001 Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers stated that the petitioners are requesting a zone change from "C" Commercial (County) to "C" Commercial, "A" Height and Area to allow a fast food restaurant with drive thru, convenience store, gasoline station and a car wash. The property currently contains a fast food restaurant with drive thru, convenience store, gasoline station and a car wash in the construction stage. Located to the north across Kern Road are commercial businesses in the County zoned "C" Commercial; to the east across U.S. 31 in the City of South Bend is a commercial business zoned "C" Commercial, "C" Height and Area and single - family homes zoned "A" Residential, "A "Height and Area; and to the south and west in the County are single family homes zoned "R" Residential. Access to the site is from Kern Road and U.S. 31. Water and sewer will be available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 1.82 acres. Of that, the buildings will occupy nine per cent (9 %) of the site, the parking and drives will occupy sixty -one per cent (61 %) of the site and thirty per cent (30 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is final. The Area Plan Commission, at its meeting held on August 21, 2001, sent this petition to the Council with a favorable recommendation. Approving the petition will result in commercial classification in the City similar to what this property had in the County. Mr. Edward Fisher, Fisher Land Surveying Services, 305 East Third Street, Mishawaka, Indiana, stated that he represents RLB 1, LLC and Pyramid Properties, Inc. in their petition for rezoning and will answer any questions about the project. Councilmembers had no questions. 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1538 LISTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation as substituted. 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, "A" Height and Area to "C" Commercial, "A" Height and Area to allow an existing restaurant and barber shop/beauty salon. The property currently contains a restaurant and barber shop/beauty salon. Located to the north is a church and single - family homes zoned "A" Residential, "A" Height and Area; to the east is a multi - family dwelling unit and a church zoned "A" Residential, "A" Height and Area; to the south across Washington Avenue are industrial buildings zoned "D" Light Industrial, "B" Height and Area; and to the west across Circle Avenue is an industrial business zoned "D" Light Industrial, `B" Height and Area. Access to the site is from Circle 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 twenty -two thousand four hundred twenty -four (22,424) square feet. Of that, the buildings will occupy seventeen per cent (17 %) of the site; the parking and drives will occupy sixty - one per cent (61 %) of the site; and twenty -two per cent (22 %) of the site will remain as open space. REGULAR MEETING AUGUST 27, 2001 A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its meeting held on July 17, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed rezoning is not out of character with the surrounding area, and will allow for the expansion of an existing local business. Mr. Sean Pierre Trotter, 2305 Kenwood Avenue, South Bend, Indiana, made the presentation for this petition. Mr. Trotter informed the Council that his family has been in business for thirty -five (35) years and with this new expansion they will bring six (6) to seven (7) new jobs to 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. Mr. Rod Taylor, 720 West Grove, Mishawaka, Indiana, advised that he works for Stanz Food Service and sells food to Frankie's Barbeque Restaurant. He stated that the restaurant could use a renovation of the building. Mr. Taylor spoke to Mr. Trotter's character saying his words are true and his heart is good. Mr. Michael James Clark, Jr., 1121 North Olive Street, South Bend, Indiana, stated that Frankie's has been a part of everyone's family and he needs to make the restaurant bigger and hire more people. He noted that the restaurant is a landmark and a tradition as well as a vital focal point of that section of town. Ms. Janice Hall, no address given, advised that Mr. Trotter helped her open up a Frankie's in Niles, and he needs to expand in order to get people in and out. She noted that Mr. Trotter is a caring person and she asked that the Council give him the opportunity to rezone and expand his business. Mr. Steve White, 1606 Johnson, South Bend, Indiana, stated that Mr. Trotter has a strong character and is an excellent businessman. The expansion is needed to improve customer service. Mr. White asked the Council to give this rezoning their positive approval. Mr. White also noted that he supports Mr. Trotter's request for rezoning at 1512 Liston. Ms. Jan Kimbro, owner of JKP Printing, 1701 West Linden, South Bend, Indiana, stated that she supports this expansion. She noted that Mr. Trotter has made improvements to the neighborhood as well. There being no one else 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 50 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation as substituted. 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 -1" Residential, "A" REGULAR MEETING AUGUST 27, 2001 Height and Area to `B" Residential, "A" Height and Area to allow a three (3) unit apartment building. The property currently contains a residential structure. Located to the north across Liston Street is vacant land zoned "A" Residential, "A" Height and Area; to the east is a church zoned "A" Residential, "A" Height and Area; to the south is vacant land zoned "A" Residential, "A" Height and Area and to the west is vacant land and a multi - family dwelling unit zoned "A" Residential, "A" Height and Area. Access to the site is from Liston Street. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is five thousand one hundred fifty -six (5, 156) square feet. Of that, the buildings will occupy thirty -four per cent (34 %) of the site; the parking and drives will occupy twelve per cent (12 %) of the site and fifty -four per cent (54 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on July 17, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. This area was rezoned from "D" Light Industrial, "F" Height and Area to "A" Residential, "A" Height and Area on July 8, 1991 as part of the West Washington Chapin Revitalization Project. At that time, the subject property was a vacant residential structure. In most cases a rezoning to a more intensive use would be discouraged as it is not in keeping with the goals of the down zoning. However, in 1996 the property was rezoned from "A" Residential, "A" Height and Area to "A -1" Residential, "A" Height and Area. It is the Commissions opinion, as it was in 1996, that the rezoning and use would not be out of character for the immediate area. Mr. Sean Pierre Trotter, 2305 Kenwood Avenue, South Bend, Indiana, made the presentation for this petition. Mr. Trotter stated that he has been working on this building for quite some time and he would like to make it into three (3) apartments. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 2716 VINE STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White advised that the Zoning and Annexation Committee held a Public Hearing this afternoon on this bill and sends it to the full Council with no recommendation. Councilmember White thanked all members of the Special Advisory Committee for their work and efforts on this matter. She noted that the Zoning and Annexation Committee on July 16, 2001 established a Special Advisory Committee to provide an interim report on the old Nuner School. That report was submitted on August 13, 2001 and a final written report with recommendations was submitted today. The Committee held four (4) meetings for discussion and the result is a very well put together report which is available for the public. She noted that it was the committee's charge to look at whether or not the old Nuner School should be earmarked as a landmark. However, the committee decided that that was not indeed their role and instead looked at other options for the building with the intent to make a recommendation by which they would try to reach common ground. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, advised that he REGULAR MEETING AUGUST 27, 2001 attended the committee meetings of the Special Advisory Committee. At this time, however, the Historic Preservation Commission would like to withdraw the ordinance. Mr. Oxian advised that because of the report of the Committee it was felt that withdrawing the ordinance would make it more conducive to improve relations with the other interested party. He noted that the current interim protection will last until Friday. The HPC will advertise for another hearing and most likely will bring forth another interim protection to make sure the building is still standing during the time of the dialogue and the hearing before they think about whether or not to introduce another ordinance. Therefore, based on the Petitioner's request to withdraw this ordinance, Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried voice vote of nine (9) ayes. BILL NO. 61 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 1534 WEST SAMPLE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be continued until the September 24, 2001 meeting of the Council, at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17 -45, 17 -46.1 AND 17 -46.3 OF THE SOUTH BEND MUNICIPAL CODE BILL NO. 68 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Kirsits made a motion that Bill Nos. 67 -01 and 68 -01 be combined for purposes of Public Hearing. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to consider the substitute version of Bill No. 67 -01 as on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits reported that the Utilities Committee meet on these bills and sends Bill No. 67 -01 as substituted and Bill No. 68 -01 to the full Council with favorable recommendations. Mr. Gary Gilot, Director, Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for these bills. REGULAR MEETING AUGUST 27, 2001 Mr. Gilot advised that these ordinances have to do with preserving the South Bend Water Works as a community asset. There are two (2) reasons for the need of additional revenues. The first is new expenses associated with past improvements. In addition, the next phase of capital is due which include some improvements to the old building at the Olive Street well field, booster stations to meet fire flows and pressures at a couple of locations and extensive investment in mains to move water from the source of supply to where there are peak demands. He noted that the current revenue base of the water utility is $10.8 million dollars per year but the revenue requirements to support these new expenses is $12.8 million dollars. This requires an eighteen per cent (18 %) across the board rate increase. The impact on a typical residential customer at five thousand (5,000) gallons per day will go from the current amount of seven dollars and seventy -one cents ($7.71) per month to a proposed rate of nine dollars and ten cents ($9.10) per month which is less than five cents ($.05) per day. Also, the public fire protection as well as the customers outside the corporate city limits will share in this across the board adjustment. Mr. Gilot noted that the South Bend rates compare very favorably to other cities in Indiana. The second ordinance submitted relates to a revenue bond in order to do $6 million dollars worth of improvements to be paid for over the useful service life of the improvements. This being the time heretofore set for the Public Hearing on the above bills, 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 these bills, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning Bill No. 67 -01 as substituted. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion for favorable recommendation to full Council concerning Bill No. 68 -01. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70 -01 PUBLIC HEARING ON A BILL APPROPRIATING $131,200 FROM FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Alex Koenig, Division of Community Development, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Koenig informed the Council that the City of South Bend was awarded a Brownfield Pilot Assessment Grant from the United States Environmental Protection Agency in September of 1999. They are requesting an allocation of one hundred thirty one thousand two hundred dollars ($131,200.00) from Fund #212 to continue this Grant. These funds are to be used for performing Phase I and Phase II environmental assessments and the related costs on brownfield sites. Site clean up costs are not an allowable use of these funds. The commercial corridors of Lincolnway West, Portage Avenue, South Gateway and Western Avenue are the target areas for the use of these funds. The total amount of the Grant is two hundred thousand dollars ($200,000.00). Under a previous allocation sixty three thousand eight hundred dollars ($63,800.00) was allocated for Phase I environmental assessments, the preparation of a GIS data base of brownfield sites within the target areas, supplies to carry on the grant and travel expenses. This bill would allocate the remaining one hundred thirty one thousand two hundred dollars ($131,200.00). These funds would be used for Phase II assessments, personnel and other costs. 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. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING AUGUST 27,^2001 BILL NO. 71 -01 PUBLIC HEARING ON A BILL APPROPRIATING $432,143 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS PROGRAM Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that in May the City was asked to consider administering the Americorps Program for South Bend because the current administrator was unable to carry out the administration any longer. The City has decided to take this on and this bill will provide funds for Americorp members who are volunteers and who will work with several of the not - for - profit agencies from the period September 1, 2001 to August 31, 2002. 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 in favor of this bill. The following individual spoke in opposition. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, commented that this program originated with former President Clinton. He stated that this program is a fraud and that there is less to this program than meets the eye. He asked the City to turn it down and have nothing to do with the program. A member from the audience asked what the Americorps Program is about and how it works. In rebuttal, Ms. Leonard stated that the program is a way to promote national service throughout the country. Members are volunteers that are given a living stipend for one (1) year to provide one thousand seven hundred (1,700) hours of community service. If they successfully complete the year, they will also receive an education award that can be used toward tuition or college expenses or can be used retroactively to pay off student loans that they may have incurred. Mr. Gary Gilot, who is a member of the Indiana Commission on Community Service and Volunteerism, advised that the Americorp Program is one of the major elements of the Corporation for National Service. This program provides young people with an opportunity to give back. The Americorps Program is a domestic peace corp program with a year of service and the offer to continue education. Mr. Gilot recounted his experience with this program for seven (7) years in Elkhart, Indiana. He noted that South Bend has seventeen (17) different programs under this umbrella working primarily with the human service area at the Center for the Homeless, at LaCasa and various other social service agencies that serve the community. It is good in terms of cost effective service delivery to the community for people who have great need but it is also good for the young people who give a year of their life in service. They grow and develop new skills and develop a service ethic that is with them for the rest of their life. Councilmember King clarified that it was his understanding that the City will receive a fee to cover the administrative costs. Ms. Leonard stated that that was correct and the City will receive approximately fifty thousand dollars ($50,000.00). She noted that there is no out of pocket costs to the City in managing this program. Councilmember Varner noted that the participating organizations provide a cash match. Ms. Leonard stated that the match is fifteen per cent (15 %). She further stated that the stipend dollars come directly from the federal government and the cash match from the agencies. REGULAR MEETING AUGUST 27, 2001 Councilmember Coleman made a motion that this bill go to full Council with a favorable recommendation. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO 72 -01 PUBLIC HEARING ON A BILL APPROPRIATING $10,000 WITHIN FUND 212 FOR THE PURPOSE OF PAYING FOR COSTS OF COLLECTION Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will allow the City to use ten thousand dollars ($10,000.00) to help protect its assets. She noted that the City has loans out on properties where unfortunately those properties are coming up for tax sale. This money is needed to protect those assets and to pay commission for rental property. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill: Mr. Derek Dieter, 1145 Portage Avenue, South Bend, Indiana, asked how much money was out in loans that needed to be collected and what is Fund #212. Mr. Michael James Clark, 1121 North Olive Street, South Bend, Indiana, asked what loans, to who, how long, and why haven't they been collected. Also, if these properties are up for tax sale he asked where they are and who has been maintaining them. Mr. Tom Dixon, no address given, stated that this bill appropriates ten thousand dollars ($10,000.00) for the purpose of collections. As an attorney, he stated that the standard procedures for a collection attorney is to take a percentage of the money collected without any up -front fees. He also stated that he would be happy to supply the names of a number of different attorneys and law firms in the community that do collection work on a contingency basis. In rebuttal Ms. Leonard advised that the loans that are being discussed are through the City's Affordable Loan Program that has been running for ten (10) years. She noted that the City is not going out and asking for someone else to do any collections. These funds will be used to protect the City's assets because some of these properties are going out for tax sale and the Council's approval is needed in order to spend any of the money. Ms. Leonard noted that the Affordable Loan Program is a program funded by the federal government in the form of Community Development Block Grant dollars. These dollars must be used for CDBG eligible purposes. The City is not paying taxes for these people, the City is taking the house by way of the tax sale. She noted that they are protecting the assets. The City will have the mortgage and will take whatever steps needed to collect the City's money. She noted that Fund #212 is primarily the Community Development Block Grant Fund. Councilmember Varner noted that this bill was probably not titled as well as it could have been. Ms. Leonard noted that the term was used because that is the term HUD requires to allow this type of expense to be paid. There was no one else present wishing to address the Council regarding this bill. Therefore, Councilmember Coleman 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. REGULAR MEETING AUGUST 27, 2001 BILL NO. 64 -01 PUBLIC HEARING ON A BILL TRANSFERRING $450,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will allow the City to use Community Development Block Grant dollars taking money from programs that did not spend in prior years and allocating one hundred fifty thousand dollars ($150,000.00) to Hansel Center for improvements and additional space in one (1) of the child care facilities and three hundred thousand dollars ($300,000.00) for public facility development on South Michigan Street. 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 Kelly seconded the motion Councilmember Varner clarified that this money will be used to purchase property on South Michigan and for demolition. He noted that once the land is consolidated it will be bid through the open public bidding process as this property is not being purchased to be given away. The motion carried by a voice vote of nine (9) ayes. BILL NO. 63 -01 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 426, TIF DISTRICT - CENTRAL MEDICAL SERVICES Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and sends it to the full Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is a companion to action that was taken by the Redevelopment Commission about one (1) year ago to establish a TIF district. Since the TIF district was established and the funds are coming in a fund is needed in which to place those dollars to keep them separate from others. 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 White seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING AUGUST 27, 2001 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. I� 11 • - 1.•.. ATTEST: Andrew Uj dak, Committee of the 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 7:55 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. ORDINANCE NO. 9244 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1528 LISTON IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski 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 Aranowski 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. 9245 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1512 LISTON IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Coleman 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. 9246 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW SCHEDULE OF RATES AND CHARGES FOR SERVICES RENDERED BY THE CITY OF SOUTH BEND WATER WORKS AND AMENDING CHAPTER 17, ARTICLE 4, SECTIONS 17-45,17-46.1 AND 17 -46.3 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. REGULAR MEETING AUGUST 27, 2001 ORDINANCE NO. 9247 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9248 -01 AN ORDINANCE APPROPRIATING $131,200 FROM FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT This bill had third reading. Councilmember Aranowski 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. 9249 -01 AN ORDINANCE APPROPRIATING $432,143 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS PROGRAM This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9250 -01 AN ORDINANCE APPROPRIATING $10,000 WITHIN FUND 212 FOR THE PURPOSE OF PAYING FOR COSTS OF COLLECTION This bill had third reading. Councilmember White 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. 9251 -01 AN ORDINANCE TRANSFERRING $450,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9252 -01 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL TO ESTABLISH ONE ADDITIONAL FUND, NAMELY, FUND NO. 426, TIF DISTRICT - CENTRAL MEDICAL SERVICES 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 nine (9) ayes. REGULAR MEETING AUGUST 27, 2001 RESOLUTIONS: RESOLUTION NO. 3027 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (ARBY' S ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly at Section I of this Ordinance and also in the Fiscal Plan at Table I, page 11, attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.15 acres of improved land, which property is at least 12.1% contiguous to the current City limits, i.e., approximately 28% contiguous, generally located at the southwest corner ofthe intersection ofKem Road and U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for development of an Arby's Restaurant, convenience store, gasoline station and car wash to be zoned upon annexation to "C" Commercial "A" Height and Area (subject to requisite approval), and will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: REGULAR MEETING AUGUST 27, 2001 Part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly right of way line of Kern Road; thence North 89 degrees - 29 feet - 4 inches West on the Southerly right of way line of Kern Road, a distance of 311.00 feet; thence South 00 degrees - 18 feet - 32 inches West, a distance of 294.87 feet; thence South 89 degrees - 09 feet -17 inches East, a distance of 222.81 feet to the Westerly right of way line of U.S. Highway 31; thence North 16 degrees - 54 feet - 34 inches East on said West right of way line, a distance of 308.70 feet to the point of beginning. Together with the following described tract: Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly right of way line of Kern Road; thence Westerly on the Southerly right of way line of Kern Road to the Northwest corner of the above described tract; thence North to the Northerly right of way line of Kern Road; thence Easterly on the Northerly right of way line of Kern Road to the Westerly right of way line of U.S. Highway 31 and the Westerly corporation line of the City of South Bend; thence South on said Westerly line to the point of beginning. The area of the described tract is 2.145 acres, more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that existing water and sewer mains are sufficient to service this area, that existing streets will appropriately provide for public access, and that the developer will provide street lighting at its costs subject to subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 12'h Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Resolution contains the Fiscal Plan for the annexation that the Council considered earlier this meeting for the Arby's site at the southwest corner of Kern and U.S. 31 South. The Police Department, Fire Department, Department of Code Endorsement and Street Department all recommended approval indicating that they could provide services within their REGULAR MEETING AUGUST 27, 2001 current budgets for next year and the years beyond with the additional revenue that this property will bring in as they start paying their City taxes. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3028 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AN INTERLOCAL FEE SHARING AGREEMENT BETWEEN THE CITY AND THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WHEREAS, the City of South Bend has enacted an ordinance providing for the licensing of tattoo, body piercing, scarifying and branding establishments and personnel, and for their inspection and regulation, i.e., Chapter 13, Article II, Sections 13 -123 et seq. of the South Bend Municipal Code (hereafter "the Tattoo Ordinance "); and WHEREAS, the City does not have the medical and related technical expertise or personnel to conduct the inspections necessary for the licensing and regulating of tattoo, body piercing, scarifying and branding establishments and personnel; and WHEREAS, the Health Department has the skill, expertise and personnel necessary to conduct the City's inspections required by the Tattoo Ordinance; and WHEREAS, the City has enacted a fee schedule for the various inspections and licensing procedures required by the Tattoo Ordinance, a portion of which fees should be shared with the Health Department in consideration for the time and services which the Health Department agrees to render to the City in furtherance of the City's enforcement of the Tattoo Ordinance; and WHEREAS, it is in the best interests of the City of South Bend and the St. Joseph County Health Department that the Interlocal Partnership Agreement between the City and the County Health Department, a copy of which is attached hereto and incorporated herein as Exhibit "A ", should be approved by this Common Council and then duly executed by South Bend Mayor Stephen J. Luecke. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. The Interlocal Partnership and Fee Sharing Agreement between the City of South Bend and the St. Joseph County Health Department, a copy of which is attached hereto and incorporated herein as Exhibit "A ", pertaining to the City's licensing of tattoo, body piercing, scarifying and branding establishments and personnel is hereby approved. Section II. South Bend Mayor Stephen J. Luecke shall sign the original of Exhibit "A" on behalf of the City of South Bend upon the Common Council's enactment of this Resolution. Section III. This Resolution shall be in full force and effect upon the from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council REGULAR MEETING AUGUST 27, 2001 Councilmember Ujdak reported that there was a joint meeting of the Health and Public Safety Committee and the Personnel and Finance Committee and this Resolution is sent to the full Council with a favorable recommendation. Ms. Aladean DeRose, Chief Assistant City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. DeRose advised that this Resolution provides for a fee sharing arrangement between the City and the St. Joseph County Health Department regarding the City's invasive body procedure regulations that were passed several years ago. By ordinance the City regulates and licenses businesses which engage in tattooing, body piercing, scarifying and etc. However, the City does not have the expertise or staff to perform the inspections and the other medical inspections required by the ordinance. To that end, the City and the St. Joseph County Health Department have agreed that the County will provide the inspections and other services required by the ordinance and have agreed on a reasonable and equitable sharing of the fees that the City will receive. This has been done by agreement with the St. Joseph County Health Department through its Director, Dr. Janice Carson, and has been reviewed by the State Board of Accounts and found to be acceptable. 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. Councilmember Ujdak thanked Councilmember Varner for his push a year or two (2) ago that made this ordinance come to reality. The ordinance was passed but had no arm for enforcement which is now available. Councilmember Varner thanked Council Attorney Kathleen Cekanski - Farrand for her research for this ordinance. The motion carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3029 -01 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 2001 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; and WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on August 13, 2001, recommended the issuance of the licenses for the below listed applicants 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: REGULAR MEETING AUGUST 27, 2001 SECTION I. That the license applications 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 May and June, 2001 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 C &C Salvage 3123 South Gertrude South Bend, Indiana 46614 South Bend Scrap & Processing 3113 South Gertrude South Bend, Indiana 46614 Indiana Auto Parts 3300 South Main Street & 1602 S. Lafayette South Bend, Indiana 46614 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 /Charlotte Pfeifer Member of the Common Council Mr. Gary Gilot, Director, Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot stated that this Resolution is for five (5) more scrap metal /junk dealer /transfer station licenses. He noted that previously the Council approved ten (10) applications. This Resolution will complete all fifteen (15) businesses who have licenses. Mr. Gilot noted that the delay in submitting these last five (5) was because he wanted to meet with each of these applicants because they were in well head protection areas near the public water supply well field and the City wanted to make sure they understood what that meant in terms of housekeeping practices. 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 Resolution. The following individual spoke in opposition to this Resolution. Mr. Michael James Clark, 1121 North Olive Street, South Bend, Indiana, stated that he does not understand about the transfer centers and about the licensing because the City has a transfer center where they bring the trash in from code enforcement and dump it behind the old water treatment plant and another entity picks it up. He asked if the City is licensed for that transfer center and if not what transfer centers is this Resolution referring to and where are they located. There was no one else present wishing to speak in opposition to this Resolution. In rebuttal, Mr. Gilot responded that the title of this Resolution uses the terminology used in the ordinance. Actually, none of the five (5) applicants being considered today are for a transfer station. He noted that a transfer station implies a facility that is for treatment, storage or disposal that ultimately leads to an approved sanitary landfill. The applicants listed on the Resolution are all scrap metal and junk dealers. Councilmember Varner asked if the City of South Bend operates a transfer station and if so is it licensed. Mr. Gilot advised that the City of South Bend does transfer from one (1) truck to another at the wastewater utility site and sometimes at the Organic Resources Facility and he believes that the City has the appropriate state permit to do that. J 1 REGULAR MEETING AUGUST 27, 2001 Councilmember Uj dak made a motion to adopt this Resolution. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3030 -01 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 2639 WEST JEFFERSON BOULEVARD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOHN E. COLEMAN 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 2639 West Jefferson Boulevard, South Bend, Indiana, and which is more particularly described as follows: Lot 772 & S 1/2 Vac Alley N & Adj & E %2 Vac Alley W & Adj Summit PL 3rd Add Lot 773 & S % Vac Alley N & Adj Summit PL 3rd Add Lot 774 & S %2 Vac Alley N & Adj Summit PL 3rd Add and these properties have Key Numbers 18- 4032 - 1148,18- 4032 - 1150,18- 4032 -1152, respectively, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject 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 REGULAR MEETING AUGUST 27, 2001 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 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified I for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. REGULAR MEETING AUGUST 27, 2001 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Coleman, 1622 Sibley, South Bend, Indiana, advised that he is requesting this five (5) year tax abatement on this property to enable him to build a house on that site. Ms. Mary Booth Lyons, no address given, stated that she represents the builder for this project. This project is a one thousand eight hundred eighty -six (1,886) square foot house that will be two (2) story with four (4) bedrooms, three (3) full baths, full basement that is studded and insulated and a two (2) car garage. The house sits on a nice corner lot on West Jefferson and Kaley Street and it would be a boost to the City in that area. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 74 -01 FIRST READING 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; NORTH OLIVE 2, 52680 AND 52720 NORTH OLIVE ROAD This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Second Reading and Public Hearing on September 24,2001 with Third Reading on October 8, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2002 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Second Reading, Public Hearing and Third Reading on October 8, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76 -01 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2002 REGULAR MEETING AUGUST 27, 2001 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Second Reading, Public Hearing and Third Reading on September 10, 2001 with Third Reading on September 24, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002 AND ENDING DECEMBER 31,2002, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Second Reading and Public Hearing on September 10, 2001 with Third Reading on September 24, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78-01 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2002, AND ENDING DECEMBER 31, 2002, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Second Reading and Public Hearing on September 10, 2001 with Third Reading on September 24, 2001. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79 -01 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2002 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 24, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO IMPROVE THE RESIDENTIAL DISTRICTS AND ENHANCE THE ENFORCEMENT OF PARKING REQUIREMENTS IN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Residential Neighborhood Committee and set it for Second Reading, Public Hearing and Third Reading on REGULAR MEETING AUGUST 27,2001 September 10, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81 -01 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 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. 82 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO APPROPRIATE FUNDS FROM HALL OF FAME OPERATIONS FUND #677 AND FROM COLLEGE FOOTBALL HALL OF FAME FUND #377 FOR PURPOSES OF SATISFYING THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Personnel and Finance Committee and set it for Second Reading, Public Hearing and Third Reading on September 10, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH -SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD FROM THE RIGHT OF WAY LINE OF WASHINGTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. BEING A PART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Second Reading, Public Hearing and Third Reading on September 10, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 110 SOUTH HILL STREET, 109 SOUTH ST. LOUIS STREET AND 616 EAST WASHINGTON STREET ALL IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area REGULAR MEETING AUGUST 27, 2001 Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS: REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on August 21, 2001: BILL NO. 56 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DRIVE AND PRAST BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 57 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 S. MICHIGAN ST. IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 60 -01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3915 PORTAGE ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on September 10, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS: THANK YOU TO CITIZENS ATTENDING NATATORIUM OPEN HOUSE Council President Pfeifer thanked everyone in the community who attended the Open House at the Natatorium on Friday evening and Saturday morning. She stated that the committee will continue to work on this project. THANK YOU FROM COUNCILMEMBER ARANOWSKI Councilmember Aranowski thanked the Council, the Mayor and employees of the City as well as the Fire Department and Police Department for helping his family during their time of need during the recent death of his father. He thanked everyone for their prayers and their comfort. ACKNOWLEDGMENT OF PRESENCE OF FORMER COUNCILMEMBER Councilmember Coleman acknowledged the presence this evening of former Councilmember Bill Soderberg. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, inquired if the City is receiving financial reports from the National Football Foundation on the Hall of Fame. He noted that the City previously prepared timely monthly reports. However, there has not been a report coming from New Jersey for June or July. Mr. Cierzniak asked for copies of these reports if they exist. He stated that he expects this Council to see that this information is put out in a timely fashion about a facility that costs $2 million dollars a year. Mr. Michael Clark, 1121 North Olive Street, South Bend, Indiana, stated that he is considering purchasing a house in the Notre Dame area. The reason he is going to buy this house is because it 1 D 1 REGULAR MEETING AUGUST 27, 2001 is a lucrative piece of property because of the upcoming Notre Dame football games. He noted that he will be able to park at least sixty -five (65) cars in the front yard and get paid for it. He wanted a commitment from each of the Councilmembers that the Department of Code Enforcement will not cite him. He noted that cars for the games have been parking in that area for thirty (30) or forty (40) years and he asked if he would be grand fathered. Mr. Clark noted that he will uproot from his residence on Olive Street and move over to a neighborhood where he can break the ordinance and it will not be a problem. He informed the Council that the Department of Code Enforcement sued him for twenty thousand dollars ($20,000.00) last year. Mr. Clark stated that the Council is drawing up a new ordinance and he asked that they read it very carefully because it says that a person cannot park an RV on the street. However, the Hall of Fame Road Show RV has been parked on the street for forty -five (45) days straight. He noted that the ordinance indicates that a vehicle must be moved every three (3) days. His vehicle was ticketed on Olive Street after only two (2) days but the Hall of Fame vehicle, which is a bus, continues to sit without being ticketed. In conclusion, Mr. Clark asked if he can move to the Notre Dame area and break all the ordinances because everyone else is doing it. Mr. Leon Stein, President Firefighters Local #362, 1122 South Main Street, South Bend, Indiana, noted that the firefighters finished their negotiations and their contract started at the beginning of this year. Based on the actions of the Police Department he asked if there was anything that the Firefighters can give back to get more money on their base pay. He noted that they ratified their contract and ended up with less money. Mr. Stein advised that he will submit his questions in writing to the City Clerk. The firefighers did have some ideas for which they can give back monies for a bigger increase on their salaries for the years 2003, and 2004. He noted that they supply drivers for the neo -natal and critical care for the hospitals. If that program is eliminated they will have those six (6) firefighters available and would not have to hire new firefighters next year. That would be a savings of four hundred fifty thousand dollars ($450,000.00) if that is started in 2002. Also, the Fire Department supplies EMS to St. Joseph County for which eighteen (18) firefighters were hired. If that contract is not renewed, there will be a nine hundred thousand dollar ($900,000.00) savings. He noted that members are paid a fee for being on the Hazardous Materials Response Team, Tactical Rescue Team and River Rescue Team. If those teams are eliminated, forty -three thousand two hundred dollars ($43,200.00) for Tactical Rescue and Haz -Mat and thirty -one thousand dollars ($31,000.00) for the River Rescue would be saved. Mr. Stein submitted his questions to the City Clerk for distribution to the Council. Mr. James Brien, Vice - President, Local #362, South Bend Firefighters, no address given, stated that there is a very interesting comparison between Police and Fire pension bases which the Council created. One thing they have been striving for and will continue to strive for is pension base parity. In 2002 the difference is one hundred forty -eight dollars ($148.00) between Police and Fire on the pension base. The next year it is six hundred fifty -four dollars ($654.00) and then a nine hundred seventy -eight dollar ($978.00) difference. The Police Department is getting more on their pension base than the Fire Department. One of the things they are going to look at very closely when they negotiate in 2005 is parity to the tune of three thousand two hundred six dollars ($3,206.00) that will be the difference in 2005 in the pension base between the departments. Sergeant Jim Wolfe, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, stated it is obvious where the FOP stands and how united they are. The vote reflects exactly what they have been striving for for the last there (3) months. They would like the Council to amend the salary ordinance to reflect what the bargaining team had negotiated for. He noted that they do not object to what the Corporals, Lieutenants and Sergeant are making and what they will make, but they ask that the Council amend it for the Patrolman at the 8.5 %. He further noted that it is going to cost the City four hundred thousand dollars ($400,000.00) to six hundred thousand dollars ($600,000.00) over the course of the four (4) year plan and the Council is available to find that money. Sergeant Wolfe stated that money can be re- allocated and switched around in order that it can be put towards Police pay which he believes they rightly deserve. Mr. Derek Dieter, 1135 Portage, South Bend, Indiana, stated that the recent vote had the largest turnout in the history of the Police Department for any wage negotiation vote. There was a seventy - seven per cent (77 %) rejection of the City's last offer as opposed to the City ordinance which is what they are going to get. There was a unity of the membership. A poll was also taken and over eighty- REGULAR MEETING AUGUST 27, 2001 two per cent (82 %) approved the second rebuttal. Mr. Dieter noted that it is not going to be good for the Council, the Police or the Mayor and the citizens of South Bend to have this riff between the administration and the Police Department. Mr. Dieter stated that some questions have arisen in regards to what exactly the dollar amount is for a pensioner. It was mentioned that for every one dollar ($1.00) of a raise it is one hundred eighty -four dollars ($184.00) per pensioner. It was then indicated that the amount was one dollar and thirty -two cents ($1.32). Mr. Dieter advised that they would like to know how that amount is reached. Mr. Tom Dixon, Attorney representing the FOP, no address given, read Article 36, Sections 2 and 3 of the current Working Agreement. Mr. Dixon stated that the reason he is reading these provisions is because the FOP intends to go back to the negotiating table next year based on those provisions. Mr. Dixon additionally read Article A, Section 1 which is the no strike out, no walk -out provision. He noted that there was significant discussion in negotiations about the meaning of some of those terms. With that said, the realty is that if the parties do not go back to the negotiating table next year, then there will be no agreement in the following year which is 2003. With no agreement in the following year, Section 1 will have no force so the City will be facing the possibility of having a Police Department which will be legally entitled to engage in an interruption of work short of what is legally prohibited by statute which is a strike. He pointed out that the FOP has agreed to the City last best and final offer in all respects except First Class Patrolman and that a Working Agreement will be in place if the Council will accept the FOP's last best and final offer on 1st Class Patrolman. The FOP also is offering to work with the Council to find money through City budgets or looking into the administration of the 1925 pension fund because they understand from the City's perspective that the 1925 plan and the retirees thereunder is an economic hardship for the City. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:47 p.m. ATTEST: ATTEST: Loretta J , Ci Clerr' Charlotte Pfeifer, President 1 1 1