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HomeMy WebLinkAbout01-12-98 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Bend met in the Council Chambers Monday, January 12, 1998, at 7:00 order and the Pledge to the Flag JANUARY 12, 1998 Council of the City of South of the County -City Building on p.m. The meeting was called to was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski Absent: Council Member Sniadecki 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 December 22, 1997, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman Is/ David Varner Council Member Hosinski made a motion that the minutes of the December 22, 1997, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2537 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING ROLAND KELLY FOR HIS TWO YEARS OF SERVICE AS COUNCIL PRESIDENT OF THE SOUTH BEND COMMON COUNCIL WHEREAS, the South Bend Common Council acknowledges that Roland Kelly has faithfully and proudly served as Council President for calendar years 1996 and 1997; and WHEREAS, Council President Kelly has effectively and very competently served as Council President and was a key person in promoting broad -based coalitions which were in the best interests of the City; and WHEREAS under his skillful and knowledgeable leadership, he assisted the City of South Bend, Indiana, with the transfer of Mayoral leadership from Joseph E. Kernan to Stephen J. Luecke; and WHEREAS, in 1996 and 1997 Council President Roland Kelly dedicated countless hours each year on each of the City's wage negotiating teams, and was instrumental in fostering the first four -year contract with the South Bend Fire Department in 1996 and the first four -year contract with the South Bend Police Department in 1997; and WHEREAS, with his positive vision of the City of South Bend's future, Council President Kelly admirably represented the City on countless occasions and touched many individuals with his sincere and heartfelt words of gratitude and inspiration; and WHEREAS the Common Council THANKS and congratulates Roland Kelly for making each of us feel proud that we are a part of the City of South Bend, and wish him further success as he continues to represent the fine citizens of the Third District. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: REGULAR MEETING JANUARY 12, 1998 Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends ROLAND KELLY for his two (2) years of dedicated and very capable leadership to the citizens of South Bend and the Common Council, as its Council President. SECTION II. The Common Council notes that Roland has provided thoughtful guidance, learned suggestions, and sincere recommendations (despite an occasional senior moment) which have resulted in positive action and revitalized short and long -term goals for our City. SECTION III. The South Bend Common Council sincerely wishes Roland and his wife, Joyce, a rich new year, as hopefully more time will be available to be with their children and grandchildren as they continue to be traveling ambassadors for the City of South Bend, Indiana. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large Rod Sniadecki, At Large ATTEST: Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council President Coleman made the presentation for the resolution. He read the resolution. Richard Nussbaum, a citizen living in third district, indicated he was proud to speak in favor of this resolution. President Coleman presented Council Member Kelly with a gavel. Council Member Kelly thanked the Council for all their accolades. Council Member Hosinski made a motion to adopt this resolution by acclamation, seconded by Council Member Ujdak. The motion carried. RESOLUTION NO. 2538 -98 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 ANNEXED AREA IN GERMAN TOWNSHIP (WALMART /PORTAGE ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A ", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 12 acres of land, presently used primarily for residential purposes, but contemplated for commercial development and located on the west side of Portage Avenue, approximately 2,500' north of Cleveland Road, in German Township, St. Joseph County, Indiana; and this territory is needed and can be used by the City of South Bend for its development in the reasonably near future. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, water and sewer service, and services of a capital i REGULAR MEETING.r: JANUARY 12, 1998 Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends ROLAND KELLY for his two (2) years of dedicated and very capable leadership to the citizens of South Bend and the Common Council, as its Council President. SECTION II. The Common Council notes that Roland has provided thoughtful guidance, learned suggestions, and sincere recommendations (despite an occasional senior moment) which have resulted in positive action and revitalized short and long -term goals for our City. SECTION III. The South Bend Common Council sincerely wishes Roland and his wife, Joyce, a rich new year, as hopefully more time will be available to be with their children and grandchildren as they continue to be traveling ambassadors for the City of South Bend, Indiana. SECTION IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large Rod Sniadecki, At Large ATTEST: Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski- Farrand, Council Attorney A public hearing was held on the resolution at this time. Council President Coleman made the presentation for the resolution. He read the resolution. Richard Nussbaum, a citizen living in third district, indicated he was proud to speak in favor of this resolution. President Coleman presented Council Member Kelly with a gavel. Council Member Kelly thanked the Council for all their accolades. Council Member Hosinski made a motion to adopt this resolution by acclamation, seconded by Council Member Ujdak. The motion carried. RESOLUTION NO. 2538 -98 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 ANNEXED AREA IN GERMAN TOWNSHIP (WALMART /PORTAGE ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit l "A ", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 12 acres of land, presently used primarily for residential purposes, but contemplated for commercial development and located on the west side of Portage Avenue, approximately 2,500' north of Cleveland Road, in German Township, St. Joseph County, Indiana; and this territory is needed and can be used by the City of South Bend for its development in the reasonably near future. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, water and sewer service, and services of a capital REGULAR MEETING JANUARY 12, 1998 improvement nature, including street lighting; potential street widening and traffic light installation; 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 street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that 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 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, 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 approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, 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 which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal REGULAR MEETING JANUARY 12, 1998 plan, described in Exhibit "B" attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s /Sean Coleman Member, Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He informed the Council that Wal -Mart was planning to build on this location. He reported that this fiscal plan was approved by the Board of Public Works, Board of Safety and the Board of Water Commissioners. He indicated there was one residence on the site, and it will remain. He advised that all City services could be provided to the area. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of seven ayes and one nay (Council Member Pfeifer.) RESOLUTION NO. 2539 -98 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 ANNEXED AREA IN GERMAN TOWNSHIP (ASHLEY ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A ", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners, consists of approximately 10.24 acres currently vacant, but proposed to be developed in its northern half as a single family sub - division, and for industrial use in its southern half. it is located immediately south of Brick Road and about 3,000 feet west of Portage Road, in German Township, St. Joseph County, Indiana; with approximately 68% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, water and sewer service, and services of a capital improvement nature, including street lighting; potential street widening and traffic light installation; 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 street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation 1 1 REGULAR MEETING JANUARY 12, 1998 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, 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 approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, 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 which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, described in Exhibit "B" attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member, Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He informed the Council that this was a voluntary annexation on the south side of Brick Road. He advised that the proposed use for this site on the north will be single family homes and on the south half it will be in the Toll Road Industrial Park. He reported that the City could provide services to the area. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2540 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A REGULAR MEETING. JANUARY 12, 1998 POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (MEADOW WOOD II ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A ", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners, encompasses of approximately 16.8 of acres of land currently vacant, but proposed to be developed for a single family residential community. It is located at the southwest corner of Brick Road and Portage Road, in German Township, St. Joseph County, Indiana; with approximately 49% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, water and sewer service, and services of a capital improvement nature, including street lighting; potential street widening and traffic light installation; 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 street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that 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 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, 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 approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and 1 REGULAR MEETING JANUARY 12, 1998 established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, 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 which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, described in Exhibit "B" attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member, Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He informed the Council that this was a voluntary annexation at the corner of Brick and Portage which will be used as a residential development. He reported that the City could provide services to the area. Council Member Kelly made a motion to adopt the resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. REPORT OF CITY OFFICES Kathy Dempsey, Director of Code Enforcement, gave the annual report on Animal Control. She advised this was the second year of operation, and they have had many accomplishments. She reported they had increased the number of participating veterinarians in our spay /neuter program to twelve; impounded 103 pit bulls; issued 42 dangerous dog licenses; continued to work with the Prosecutor's Office on abused and neglected animals; negotiated a contract for animal control services with Notre Dame on a per call basis; realigned staff to provide better and coverage; received $1,000 in cash donations, as well as donated pet food, treats and supplies. She also reported they have increased revenue to $38,460 and reduced net operating expense to $105,198. Council Member Hosinski made a motion to accept the report from the City Controller and Country Treasurer on the Water Works bonds filed in the City Clerk's office, seconded by Council Member Aranowski. The motion carried. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:40 p.m. with eight members present. Chairman Broden presiding. REGULAR MEETING JANUARY 12, 1998 BILL NO. 123 -97 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: WAL -MART PORTAGE This being the time heretofore set for public hearing proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Dean Carlson, a representative of Wal -Mart from Memphis, Tenn., made the presentation for the bill. He reported this was a 12.2 acre site of land, which is only a portion of the site, the remaining land is already in the City limits. He advised they planned to build a new super center at this location which will be first of its kind in this area. Council Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. BILL NO. 124 -97 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; WARREN & ALETHA ASHLEY PETITION This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Aranowski made a motion to amend this bill in Section III by adding 111st" before Council District, seconded by Council Member Coleman. The motion carried. Mike Danch, a representative of Pierce and Associates, made the presentation for the bill. He reported they were annexing this property into the City to develop the north portion as residential and the south part will be light industrial and added to the Toll Road Industrial Park. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. BILL NO. 125 -97 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; MEADOW WOOD LIMITED PARTNERSHIP II PETITION This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Aranowski made a motion to amend this bill in Section III by adding "1st" before Council District, seconded by Council Member Coleman. The motion carried. Mike Danch, a representative of Pierce and Associates, made the presentation for the bill. He reported they were annexing this 168 acres into the City for development of an addition to an existing sub - division. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. BILL NO. 110 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY'LOCATED AT 3019 S. MICHIGAN STREET I J r j REGULAR MEETING JANUARY 12, 1998 IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, a planner with Area Plan, reported the petitioners were requesting a zoning change from "B" to "0" office. He advised that the property contains a single family home. He indicated Area Plan Commission sends this to the Council with a favorable recommendation. Mike Tinkler, Caldwell Bankers, made the presentation for the bill. He reported the petitioner planned to remodel the home on this property, as well as plant flowers. He advised that the office will be used by people seeking rental properties. Jocelyn Pollack, 516 W. 14th Mishawaka, indicted her office was across the street from this property and she knows the petitioner will beautify this property. Ann -Carol Simons, from the Legal Department, spoke in favor of this zoning. Council Member Varner made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 112 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1012, 1014 WESTERN AVENUE, 403, 411, 415, 419, 421 & 425 PARRY STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Jim Voll, Area Plan, reported that the petitioners were requesting a zoning change from "B" residential to "D" light industrial to allow for outside storage of his equipment. He described the surrounding area which is zoned "B ", "C" and "D ". He advised that in most cases the staff would not recommend the encroachment of industrial zoning into a residential area, but this one block area is in a state of transition where long term residential is questionable. Mike Danch, Pierce & Associates, made the presentation for the bill. He advised that the Robert Henry Corporation, the petitioner, was requesting this rezoning in order to allow for equipment storage on the property. He reported that the property would be fenced and there would also be 8' screening to buffer the three or four residential homes adjacent to these parcels. Robert Henry, 404 Frances, advised that they have been in business in South Bend since 1974, and now have 150 employees. He indicated they have owned this property for five years, but we need to clean up the equipment on this currently on the property. He reiterated that the property will be screened by an 8' fence from the residential area. James Speelman, 1013 Quimby, spoke against this zoning indicating that Mr. Henry said he would cleanup his property before and it was never done. Martha Lewis, 308 S. Frances, spoke against this zoning indicating the property was a mess and he promised to clean it up and it was never done. Earleen Prince, 1009 E. Quimby, spoke against the zoning indicating this property was a mess. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 115 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 7, SECTION 21 -128 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE ZONING OF ANNEXED AREAS This bill had third reading. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. James Voll, Area Plan, REGULAR MEETING JANUARY 12, 1998 reported that this was an Common Council initiated petition that will reduce the time it takes to zone property annexed into the city of South Bend. Council Member Hosinski made the presentation for the bill. He advised this was a housekeeping measure, since we currently have a process where we have a separate annexation and zoning, and this bill will streamline the procedure. Council Member Pfeifer made a motion made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 132 -97 A BILL CREATING ARTICLE 5 OF CHAPTER 9 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED HAZARDOUS MATERIAL AND TACTICAL RESCUE TEAMS Council Member Pfeifer made a motion to continue this bill indefinitely, and refer it back to the Health and Public Safety Committee, seconded by Council Member Coleman. The motion carried. BILL NO. 135 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE LICENSING OF PEDDLERS AND CANVASSERS, PRECIOUS METALS DEALERS AND SECONDHAND STORES This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be hear. Council Member Broden reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Pfeifer. The motion carried. Ann -Carol Simons, assistant city attorney, made the presentation for the bill. She reported that this bill would amend three different sections of the Code, in order to give guidance to the Police Department and the controller in granting a license. She advised this would also increase the retention time they must keep the property from fourteen to thirty days before it can be resold, thus giving the Police Department time to investigate any possible criminal activity. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 134 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $173,000 FOR CAPITAL EXPENDITURES FROM THE PARKS AND RECREATION FUND This bill had third reading. Council Member Aranowski reported that the Health & Public Safety and the Parks and Recreation Committee had met on this bill and recommended it to the Council favorable. Bill Carlton, Fiscal Officer, for the Park Department, made the presentation for the bill. He reported that due to the year round operation of the Park Department we are requesting an appropriation for capital expenditures which will allow us to begin these projects as early as possible, as well as order golf carts so they will be delivered by the start of the season. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried Council. Member Coleman made a motion to rise and report to the Council, seconded by Council Member Hosinski. The motion carried. ATTEST: r'�4 (­! 1 1 REGULAR MEETING JANUARY 12, 1998 City Clerk Chairman 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 8:49 p.m. Council President Kelly presiding, and eight members present. BILLS, THIRD READING ORDINANCE NO. 8866 -98 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: WAL -MART PORTAGE This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8867 -98 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; WARREN & ALETHA ASHLEY PETITION This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to pass this bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8868 -98 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; MEADOW WOOD LIMITED PARTNERSHIP II PETITION This bill had third reading. Council Member Hosinski made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Varner. Council Member Hosinski made a motion to pass this bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8869 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3019 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Varner made a motion to pass this-bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8870 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1012, 1014 WESTERN AVENUE, 403, 411, 415, 419, 421 & 425 PARRY STREET, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JANUARY 12, 1998 This bill had third reading. Council Member Kelly made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Hosinski made a motion to pass the bill, as amended, seconded by Council Member Kelly. The bill passed by a roll call vote of six ayes and two nays (Council Members Pfeifer and Broden). ORDINANCE NO. 8871 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 71 SECTION .21 -128 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE ZONING OF ANNEXED AREAS This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8872 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE LICENSING OF PEDDLERS AND CANVASSERS, PRECIOUS METALS DEALERS AND SECONDHAND STORES This bill had third to amend this bill, seconded by Council Member Pfeifer made Council Member Varna eight ayes. reading. Council Member Varner made a motion as amended in the Committee of the Whole, Member Pfeifer. The motion carried. Council a motion to pass this bill, seconded by sr. The bill passed by a roll call vote of ORDINANCE NO. 8873 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $173,000 FOR CAPITAL EXPENDITURES FROM THE PARKS AND RECREATION FUND This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2541 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 814 SOUTH MAIN STREET, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SCHAFER GEAR WORKS, INC. Whereas, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and Whereas, a Declaratory Resolution designated the area commonly known as 814 S. Main, and which is more particularly described as follows: PARCEL I: All of lots numbered one hundred nine (109) and one hundred ten (110) as shown on the recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the city of south Bend. PARCEL II: All of lots numbered two hundred fifty -seven (257) 1 1 1 REGULAR MEETING JANUARY 12, 1998 and two hundred fifty -eight as shown on the recorded Plat of Daniel Garst's Subdivision of a part of his 1st addition to South Bend City, now a part of the City of South Bend. PARCEL III: All of lots numbered two hundred eleven (211) and two hundred twelve (212) as shown on the recorded Plat of Daniel Garst's 1st addition to the South Bend City, now within and a part of the City of South Bend. PARCEL IV: Beginning at the Northwest corner of Lot two hundred twenty (220) in Garst's First addition to South Bend City now within and a part of the City of South Bend, Indiana, as recorded in Plat Book 3, page 41 in the office of the Recorder of St. Joseph County, Indiana, said beginning point being the intersection of the South line of said vacated 14 foot alley with the East right of way line of Main Street as now exist; thence north 0 degrees 00'00" East (bearing assumed) along said East right -of -way line of Main Street, a measured distance of 52.13 feet to the South line of the North 30.00 feet of said Lot two hundred sixty (260) thence North 89 degrees 57140" East along said South line and parallel with the North line of said Lot 260, a measured distance of 200.37 feet to the East line of Lot two hundred twelve (212) in Garst's First Addition; thence South 0 degrees 10'21" West along the East line of said Lot 212, a measured distance of 51.93 feet to the northeast corner of Lot two hundred thirteen (213) in said Garst's Fist addition being also the southeast corner of a 14 foot alley vacated by Vacation Resolution 3444; thence south 89 degrees 56' 20" West along the South line of said vacated 14 foot alley, a measured distance of 200.25 feet to the place of beginning PARCEL V: All of Lots Numbered two hundred thirteen (213), two hundred fourteen (214), and two hundred fifteen (215), two hundred sixteen (216) and the east 10 feet of Lot numbered two hundred seventeen (217) all as shown on the recorded Plat of Daniel Garst's 1st addition of South Bend City, now within and a part of the City of South Bend excepting therefrom the South 25 feet thereof. PARCEL VI: All of Lots numbered two hundred eighteen (218) two hundred nineteen (219) and two hundred twenty (220), and the west 15 feet of Lot Numbered two hundred seventeen (217) all as shown on recorded Plat of Daniel Garst's 1st addition to South Bend City, now within and a part of the City of South Bend, excepting therefrom the South 24.5 feet thereof. with said real estate having the following Key No.18 3042 1621, as an Economic Revitalization Area, and Whereas, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -25; and Whereas, the Council held a public hearing for the purpose of hearing all remonstrances and objections from interested persons; and Whereas, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. REGULAR MEETING JANUARY 12, 1998 SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Stan Blenke, executive vice president, made the presentation for the resolution. He reported that due to continued growth of the company they need to acquire several pieces of equipment. He advised that ten new jobs will be created in addition to the ninety people they currently employ. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 1 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 214 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 2 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 125, 127, 137, 201, 209, 229, 235, 243, 301 AND 315 E. BROADWAY STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 3 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1329 WEST INDIANA IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. BILL NO. 4 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4500 SO. MAIN ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Hosinski. The motion carried. BILL NO. 5 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 5, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -59 ENTITLED THE SOUTH BEND COMMISSION ON AFRICAN - AMERICAN MALES This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Health and Public Safety Committee and the Residential Neighborhood Committees and set it for public hearing and third reading on January 26, seconded by Council Member Varner. The motion carried. 1 J 1 REGULAR MEETING JANUARY 12, 1998 BILL NO.__6 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH FRANCES STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY (LIST OF FRANCES STREET FOR A DISTANCE OF APPROXIMATELY 105.6 FEET AND A WIDTH OF 14 FEET ALL IN THE PLAT OF "BECK'S 1ST ADDITION" This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on January 26, seconded by Council Member Hosinski. The motion carried. BILL NO. 7 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: MEGAN BEELER DRIVE NORTH, FROM THE WEST LINE OF WEST CLEVELAND ROAD INDUSTRIAL PARK, SECTION ONE SUBDIVISION, RUNNING EAST TO THE WESTERLY LINE OF MEGAN BEELER DRIVE, FOR A DISTANCE OF APPROXIMATELY 357 FEET This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on January 26, 'seconded by Council Member Varner. The motion carried. BILL NO. 8 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE THE REQUIREMENTS FOR LICENSING AUTOMOTIVE REPAIR AND SERVICE CENTERS AND VEHICLE REMOVAL SERVICES This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on January 26, seconded by Council Member Varner. The motion carried. BILL NO. 9 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $150,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had first reading. Council Member Varner made a motion to refer this bill to the Parks & Recreation Committee and set it for public hearing and third reading on January 26, seconded by Council Member Pfeifer. The motion carried. BILL NO. 10 -98 A BILL APPROPRIATING $2,400,000 OF SECTION 108 LOAN FUNDS, PLUS INTEREST EARNED THEREON, FOR USE IN REHABILITATION, CONSTRUCTION AND REDEVELOPMENT ACTIVITIES This bill had first reading. Council Member Kelly made a motion to refer this bill to the Community and Economic development Committee and set it for public hearing and third reading on January 26, seconded by Council Member Broden. The motion carried. BILL NO. 11 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF NORTH MAIN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF WEST COLFAX AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST -WEST ALLEY NORTH OF WEST COLFAX AVENUE FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation REGULAR MEETING JANUARY 12, 1998 Committee and set it for public hearing and third reading on January 26, seconded by Council Member Hosinski. The motion carried. UNFINISHED BUSINESS Council President Coleman announced the Council has appointments to two boards - Century Center and Human Rights. He advised that the both Glendarae Hernandez and Ed Ehlers wish to continue in their positions on these boards, however, any one can submit a letter to the City Clerk indicating their interest to serve on either board. Council President Coleman indicated he had met with the Editorial Board of the South Bend Tribune regarding an editorial that appeared Sunday, January 11, criticizing the Council regarding Mishawaka's attempt to raise the option tax. He indicated that the South Bend Council was unaware of the January 5 date for Mishawaka to vote on the tax until it was advertised in the Tribune. He reported that at no time did the South Bend Council suggest a time frame for voting on this measure, as that would have been inappropriate. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 9:10 p.m. ATTEST: ATTEST: President 1 1