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HomeMy WebLinkAbout03-25-02 Council Meeting MinutesREGULAR MEETING MARCH 25, 2002 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, March 25, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1 st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 41h District David Varner 5' District Andrew Ujdak 6' District Sean Coleman At -Large Absent: Al `Buddy" Kirsits At -Large Karen L. White At -Large President Chairperson, Committee of the Whole Vice - President 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 March 11, 2002 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the March 11, 2002 meeting of the Council be accepted and placed on file. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. MOMENT OF SILENCE FOR VICTIMS OF RECENT INCIDENT AT BERTRAND PRODUCTS Council President Kelly asked that everyone take a few moments to express their sympathy to the families of the victims of the terrible shootings at Bertrand Products last Friday. Council President Kelly commended and thanked the public safety personnel which included police, fire and medical personnel who worked hard and professionally to bring a very bad situation under control quickly. 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 seven (7) ayes. Chairman King presiding. WELCOME TO BOY SCOUT TROOP #422 Council President Kelly welcomed Boy Scout Troop #422 from the 1 st United Methodist Church who were present this evening. BILL NO. 12 -02 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 -1- REGULAR MEETING MARCH 25, 2002 THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY • MARGUERY MACRI AND RICHARD & ANN LAFREE • ECLIPSE LLC, 17,185 AND 17,240 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA PHASE III Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Uj dak reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "R "Residential (County Zoning) to "O" Office, and "C" Commercial, "A" Height and Area to allow commercial uses consistent with a typical small strip shopping development including uses with a drive -thru window and office uses. The property is currently vacant land. Mr. Myers further advised that located to the north and west are single family homes zoned "R" Residential, to the east is vacant land in the City of Mishawaka zoned "S -2" Planned Unit Development for commercial facilities and to the south across Douglas Road are single family homes zoned "R" Residential and a single family home and vacant land in the City of South Bend zoned "A" Residential, "A" Height and Area. Access to the site is from Douglas Road. Water and sewer will be available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is eight (8) acres. Of that, the buildings will occupy nineteen per cent (19 %) of the site, the parking and drives will occupy fifty -one per cent (51 %) 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 or wetlands are present. The Douglas Road/Uniroyal Superfund site is located northeast of the site. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on March 19, 2002, sends this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed development is consistent and compatible with the recently approved office complex to the south across Douglas Road, as well as the established land uses to the east in the City of Mishawaka. The proposed "O" Office zoning for the western portion of the site would act as a buffer for the residential uses to the west from the proposed commercial uses to the east. The final site plan should show (1) the number of curb cuts accessing Douglas Road reduced by two; (2) the number ofparking spaces be reduced to reflect only the required numbers specifically relative to the commercial development; (3) that the two office pods on the west end of the development are moved further east to provide additional buffer space between them and the adjacent residential property to the west; (4) a detailed landscaping plan that provides real quality of life improvement to the street scape, specifically the size and types of trees to be planted, additional tree coverage on the interior of the parking lot area and year around screening material along the north property line and (5) an effort to provide a building facade that provides genuine curb appeal. Mr. Mike Danch, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, advised that he was present on behalf of the Petitioners, Mr. and Mrs. Macri, Mr. and Mrs. LaFree and Eclipse LLC. Mr. Danch stated that this rezoning involves a piece of property that is located on the north side of Douglas Road. The rezoning specifically requests two (2) different zoning classifications. One classification to the "O" Office category and one to the "C" Commercial category. Mr. Danch noted that the site plan shown to Councilmembers during the committee meeting this afternoon shows that -2- REGULAR MEETING MARCH 25, 2002 the western portion of the site, which is approximately two hundred twenty feet (220) east and west, would contain two (2) five thousand (5,000) square foot office structures. The east portion of the site shows two (2) buildings. The buildings will contain approximately twenty six - thousand five hundred (26,500) square feet apiece. The parking areas would be located to the south side of the building, which is the north side of Douglas Road. Parking for the office development will be located on the east side of the buildings away from the "R" Residential property to the west. Mr. Danch further noted that they will be meeting the five (5) requirements that the Area Plan Commission has requested on the site plan development. Those particular requirements are to reduce the number of curb cuts from four (4) to two (2) so there are only two (2) access points onto Douglas Road. They will also be reducing the number of parking spaces down to the number required by the zoning ordinance for the City of South Bend. On the preliminary site plan they had an additional fifty -one (5 1) spaces but have no problems reducing that number to meet the requirements based on the usage of those two (2) buildings. The third aspect is in regards to where the two (2) office buildings are going to be located on the west portion of the site that will be going to the "O" Office category. Those will move farther to the east to allow for a larger buffer and landscape area along the western portion of the site. They will also add additional street trees along with a detailed landscape plan and with the removal of the fifty -one (5 1) parking spaces they will also be providing more interior landscaping with landscape islands. Along the north portion of the site, which abuts to the residential area in the County, they will provide an evergreen screening along that entire line as requested by Area Plan. Mr. Danch indicated that he has supplied the Council with a photo which is representative of the type of building that will be built on the site which shows that it will have a brick facade. In regards to drainage, they will meet all the City drainage requirements for on site drainage. In regards to traffic, because of the reduction of openings down to two (2), they will be adding a deceleration/acceleration lane on the north side of Douglas Road and a passing blister on the south side due to the amount of traffic that uses this portion of Douglas Road. They will also hook up to municipal sewer and water which are available. At the present time an existing sanitary sewer line from the City of Mishawaka which is at the southeast corner of the parcel will mostly likely be extended to the site. There already is an existing water line for the City of Mishawaka which runs the entire length of Douglas Road. These are the utilities that they will most likely hook up to. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of the bill: Mr. Larry Magliozzi, Assistant Director, Division of Community Development, 12th Floor, County - City Building, South Bend, Indiana, advised that they support and encourage passage ofthis bill with the recommendations advanced by the Area Plan Commission. It is their opinion that these additional development standards would improve the overall aspect of this development. He noted that this development occupies a key site on an increasing busy traffic corridor on what will be a permanent eastern gateway into the City of South Bend. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Varner indicated that because of the residential area further to the north it was suggested this afternoon that there would be additional screening as well. Mr. Danch advised that in the final site plan procedure with the Area Plan Commission they will provide a detailed landscape plan that will reflect that improvement. Therefore, Councilmember Coleman made a motion that substitute Bill No. 12 -02 go to the full Council with a favorable recommendation and be set for third reading on April 8, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. -3- REGULAR MEETING MARCH 25, 2002 BILL NO. 14 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE #103 -98, AS AMENDED Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ujdak reported that the Health and Public Safety Committee and the Utilities Committee met on this bill, as substituted, and sends it to the Council with a favorable recommendation pending some technical amendments that will be done on the floor this evening. Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot advised that the Council previously heard from County Health Officer Dr. Carson on the intent of the wellhead protection ordinance to focus resources on public water supplies at well fields. The water comes from ground water from rain and snow melt. He noted that in the City they have delineated the five (5) year time of travel around each of those well fields. At this time they ask to opt into the countywide wellhead protection ordinance so that the Health Officer might assist the City is pro- actively educating and enforcing that law to protect this important resource. Mr. Gilot noted that there are technical corrections that he would like to note at this time. Mr. Gilot advised that: A "clean" copy of the attachment indicating fees and charges has been submitted. — Delete Section II, Paragraph "n" - NON - REVERTING GROUND WATER PROTECTION FUND Replace Section II, Paragraph "n" as follows: COUNTY HEATH FUND All monies collected pursuant to this Ordinance shall be deposited in the County Health Fund. Expenditures for this fund shall be in accordance with all applicable laws. Councilmember Coleman made a motion to accept the amendments as read by Mr. Gilot. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. 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 Ujdak seconded the motion. Councilmember Varner indicated that two (2) weeks ago the Council asked for a continuance of this bill in order for the Health Department to provide the Council with additional information. Most important is the reassurance that the Health Department intends to act in a proactive way with regards to the implementation and enforcement of this ordinance. He stated that he does not believe there is any disagreement that protection of the water supply which is essential to the good health of the community is paramount. However, the idea of approaching it and handling it in a manner I" REGULAR MEETING MARCH 25, 2002 which is proactive and supportive of those people who happen to be in the wellhead areas is an approach that is commendable and one that he hopes will be maintained and be a consistent consideration with regards to the enforcement of this ordinance after it is adopted. The motion carried by a voice vote of seven (7) ayes. BILL NO. 17 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGARDING PUBLIC FIRE PROTECTION SERVICE COSTS Councilmember Aranowski advised that the Health and Public Safety Committee and the Utilities Committee conducted a Public Hearing on this bill and sends it to the Council with a favorable recommendation as substituted. Mayor Stephen Luecke, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke stated that the City's water facility provides a great service to the citizens of this community and as part of the protection that is provided through the water service is that they provide the pipes and water and the pressure to be able to fight fires in the City. Because of that, the Water Works is due a fee for provision of that service. That fee has, in years past, been paid out of the General Fund but state law currently allows for that fee to be paid by the rate payers rather than through General Fund dollars. It is being proposed that this fee be shifted to the rate payers which in turn will free up additional dollars in the General Fund. Those dollars in the General Fund are needed for a variety of reasons most immediately to supplement the paving program. Mayor Luecke indicated that for the short term he would propose to use those dollars to supplement the paving program. In the long term, as indicated during negotiations, in three (3) or four (4) years the operating budget will be tight due to raises for employees and these dollars will be able to supplement and fill in at that time to allow for the budget to remain solvent and to provide for raises. Mayor Luecke noted that the rate that would be charged the average residential user for a 518 or 3/4 inch meter is one dollar and eighty -five cents ($1.85) per month. Depending on the size of the meter, that rate would be larger as the meter gets larger as there is a multiplying factor that is used. Most of the residential customers, almost thirty -five thousand (35,000), have 5/8 inch meters and another two thousand five hundred (2,500) to two thousand six hundred ( 2,600) have 3/4 inch meters. These are the primary ones that would be affected. Mayor Luecke advised that this bill will receive a cursory review by the IURC to make sure the formula has been arrived at properly. Councilmember Aranowski inquired if other cities have passed this cost off to consumers. Mayor Luecke noted that the City of Mishawaka has passed along this cost to the consumer and there are others throughout the State as well. Councilmember Ujdak noted that as requested at the committee meeting this afternoon, he would ask that at the end of the year the Council receive a reconciliation of the savings this brings to the City. Mayor Luecke noted that this information will be provided at that time. 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 to the bill: -5- REGULAR MEETING MARCH 25, 2002 Mr. Derek Deiter,1135 Portage Avenue, South Bend, Indiana, inquired ofthe amount of money this action would free up in the General Fund. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mayor Luecke advised that on an annual basis approximately $1.367 million dollars in the General Fund will be freed up. Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion. Councilmember Varner indicated that it is understood that for quite some time this fire protection charge has been covered in a water rate bill and has then been paid for or reimbursed to the Water Department through the General Fund. He asked if there are discretionary dollars elsewhere within the funds that the City has at its use to make up the $1.367 dollar shortfall at least in the current term. He further stated that he believes that there are funds available and that a portion of the option tax could be used. Also, there are set asides which he assumes have been and will be used for this occasion. Councilmember Varner advised that as long as there are other discretionary funds,. the County Option Tax being one, he is not inclined to pass along this charge to the rate payer since there is already a consideration for this in the property tax. With that in mind, Councilmember Varner advised that he will not be supporting this bill. The motion carried by a voice vote of six (6) ayes and one (1) nay by Councilmember Varner. BILL NO. 18 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 - $1,600,000 FROM THE COUNTY OPTION INCOME TAX FUND Councilmember Aranowski advised that the Personnel and Finance Committee and the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a 3 -2 favorable recommendation with the President being the tie breaker. Councilmember Varner stated that the minority opinion with regard to this bill is that the contract itself, which is $1.6 million dollars plus four hundred thousand dollars ($400,000.00), which was in the original capital budget and later altered, is necessitated by a no bid contract where it was identified that there were in fact at least three (3) companies which are capable of doing the j ob. He did note for the record that this is not something that is extraordinary or out of the ordinary but is permitted. However, for the taxpayers of the community to receive the best value for their dollar, the idea of bidding when there are three (3) available and qualified sources makes more sense than awarding a no bid contract. He noted, again for the record, that this procedure is not illegal and he is not suggesting that it is not appropriate but is suggesting that on the basis of consideration of the bid process the City might save some dollars which would provide some discretionary dollars which the City is always looking for. Mayor Stephen Luecke, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill, Mayor Luecke stated that when the Capital Budget was presented it included an expense item of $2 million dollars for design fees for public safety facilities for the police and fire offices as well as the central fire station. At that time the Council asked for additional information about the proj ect itself and how the design team was chosen. That information was presented and the Council approved W REGULAR MEETING MARCH 25, 2002 four hundred thousand dollars ($400,000.00) as part of the Capital Budget but deferred the $1.6 million. Having provided that information, the administration is now asking for this additional appropriation so design of these facilities can continue and move forward. Mayor Luecke noted that he appreciated the comments of Councilmember Varner and believes that there are a variety of ways to try to get the best value for the taxpayers. Among those is to hire the very best design team. A good design can yield long term savings in terms of construction and project costs as well. The process that was gone through, as noted, is an accepted and standard procedure used not only in private industry but also by municipalities. It was felt that this procedure allowed the opportunity to choose the best design team to design quality facilities for the public safety forces. Councilmember Aranowski noted that the Council would like construction and progress reports quarterly as this project goes forward. He noted that he would not like to see this project go over budget and if this design team says the project will cost $20 million dollars then it should be on target. Mayor Luecke stated that they do not want this project to go over budget either and they will be pleased to present quarterly updates to the Council to keep them apprized of what is happening and the progress that is being made. 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 to the bill: Mr. Scott Ruszkowski, 2437 Ingelwood Court, South Bend, Indiana, advised that he is neither for or against this bill but would like to ask who the design company is for this project. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mayor Luecke advised that the design team that was chosen was a combination team of DLZ, a local architecture firm, working in combination with a firm named Zimmerman which has much experience in terms of designing public safety facilities. These two (2) teams together are the design team. 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 six (6) ayes and one (1) nay by Councilmember Varner. 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 seven (7) ayes. AE S T: ATTEST: -Uore'tt4Jf D a, ty lerk Kar g, ha' Co ee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council -7- REGULAR MEETING MARCH 25, 2002 Chambers on the fourth floor of the County -City Building at 7:30 p.m. Council President Roland Kelly presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9314 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE #103 -98, AS AMENDED This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as amended in the Council of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted and amended. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9315 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE REGARDING PUBLIC FIRE PROTECTION SERVICE COSTS This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay by Councilmember Varner. ORDINANCE NO. 9316 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 - $1,600,000 FROM THE COUNTY OPTION INCOME TAX FUND This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes and one (1) nay by Councilmember Varner. RESOLUTIONS RESOLUTION NO. 3071 -02 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 CLAY TOWNSHIP (MAORI /LAFREE III 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 Clay Township, St. Joseph County, Indiana, which is described J �l F, REGULAR MEETING MARCH 25, 2002 more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 9.17 acres of vacant, unimproved land, which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located on both sides of Douglas Road, approximately 1,500 feet east of State Road 23 in Clay Township, Indiana. This annexation territory is intended to be used for a small office complex and commercial strip with a remote possibility of residential units. Accordingly, the annexation territory 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 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 Clay Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32 WHICH IS S. 00° - 00' -00" W. (ALL BEARINGS ASSUMED), 444.00 FT. MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE S. 00° - 00' -00" W. ALONG SAID WEST LINE, 20.00 FT. MORE OR LESS; THENCE N. 90'-00'-00" E., ALONG THE SOUTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2023 -0548 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 66.8 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE S. 00 - 00' -00" W. ALONG SAID CORPORATE LINE, 288.5 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2023 - 0548.10 In REGULAR MEE'T'ING MARCH 25, 2002 IN THE RECORDS OF SAID AUDITOR'S OFFICE; THENCE S. 90'-00'-00" W. ALONG THE NORTH LINE OF SAID PARCEL, 96.8 FT. MORE OR LESS TO THE WEST LINE OF 34TH STREET (BEING A PAPER STREET); THENCE N. 00'-00'-00" E. ALONG SAID WEST LINE AND ITS NORTHERLY EXTENSION, 312 FT. MORE OR LESS TO THE NORTH LINE OF ELKINS STREET; THENCE ALONG SAID NORTH LINE IN A SOUTHEASTERLY DIRECTION, 31 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.66 ACRES MORE OR LESS. PARCEL II. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF SECTION 32, BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 00° - 00' -00" E. ALONG SAID WEST LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2019 -0425 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90 - 00' -00" E. ALONG THE NORTH LINE OF SAID PARCEL, 220 FT. MORE OR LESS; THENCE S. 00° - 00' -00" W., 462.2 FT. MORE OR LESS TO THE SOUTH LINE OF SAID DOUGLAS ROAD; THENCE S. 90° -00'- 00" W. ALONG SAID SOUTH LINE, 325.70 FT. MORE OR LESS; THENCE N. 00° - 00' -00" E., 80.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.15 ACRES MORE OR LESS. PARCEL III. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A. POINT ON THE NORTH LINE OF DOUGLAS ROAD WHICH IS N. 900 - 00' -00" E., 220 FT. MORE OR LESS FROM THE POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 000 - 00' -00" E., 346.2 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY I.DENTTIFICATION NUMBER OF 02 -2019 -0425 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 900 - 00' -00" E. ALONG THE NORTH LINE OF SAID PARCEL, 776.2 FT. MORE OR LESS TO THE EAST LINE OF SAID PARCEL AND THE EXISTING CORPORATE LIMIT LINE OF THE CITY OF MISHAWAKA; THENCE S. 00'-00'-00" W. ALONG SAID EAST LINE AND CORPORATE LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE, OF SAID DOUGLAS ROAD AND THE EXISTING CORPORATE LIMIT LINE FOR THE CITY OF SOUTH BEND; THENCE S. 900 - 00' -00" W. ALONG SATD NORTH LINE AND CORPORATE LINE, 776.2 FT. TO THE POINT OF BEGINNING. CONTAINING 6.17 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 virtually all capital improvements required to service the annexation area with the exception of the public right -of -way will be planned, provided, and paid for by the developer subject -10- 1 C 1 REGULAR MEETING MARCH 25, 2002 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/Roland Kelly Member, South Bend Common Council Councilmember Ujdak advised that the Zoning and Annexation committee conducted a Public Hearing on this Resolution and sends it to the full Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 12" Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that the Board of Public Safety and the Board of Public Works both recommend approval and passed a Resolution indicating that their respective departments can provide services to this newly annexed property which is about nine (9) acres in area. Sewer and water can be made available from the City of Mishawaka. The City of South Bend Fire and Police Departments both indicated that they can extend their existing services without any additional manpower or equipment to cover this area. Police Department Beat #11 will be expanded to provide coverage and Fire Stations #3 and #9 will respond once development occurs on this site. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILL NO. 02 -15 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3417 WESTERN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR VIRK MART, INC. Councilmember Coleman made a motion to continue this bill until the April 8, 2002 meeting of the Council at the request of the petitioner. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 02 -19 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 212 E. LA SALLE STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., LLC Councilmember Coleman made a motion to continue this bill until the April 8, 2002 meeting of the Council at the request of the petitioner. Councilmember Ujdak seconded the motion which carried -11- REGULAR MEETING by a voice vote of seven (7) ayes. MARCH 25, 2002 RESOLUTION NO. 3072 -02 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 131 SOUTH TAYLOR STREET, SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR AAK PROPERTIES, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 131 South Taylor Street, South Bend, Indiana, and which is more particularly described as follows: Parcel II. Lots Numbered One (1) to Twelve (12) as shown on the recorded Plat of Jefferson Place Subdivision in the City of South Bend. Parcel III. A lot or parcel of land bounded by a line running as follows, viz: Beginning at the Southeast corner of Bank Out Lot Numbered 46; thence North on the West line of Taylor Street 103.6 feet; thence West 130 3/4 feet; thence curve to left a distance of 76.3 feet on the perimeter of a circle described with a radius of 54.2 feet; thence South 9° West 14.68 feet; thence South 44 feet to a point distant East 31 feet from the Northwest corner of the East Half of Bank Out Lot Numbered 46; thence East 191.15 feet to the place of beginning, all as shown on the First Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana. Parcel IV. Beginning at a point that is 3.27 feet North and 130.75 feet West of the Northeast corner of Bank Out Numbered 46 of the First Plat of Out Lots of the Town, now City, of South Bend, platted by the State Bank of Indiana; thence West 164.20 feet; thence South 26.25 feet; thence West 5.84 feet; thence South 173.75 feet; thence East 11.30 feet; thence South 49.50 feet; thence West 26.30 feet; thence South on a line parallel with the East line of Scott Street 56.06 feet to the North line of an alley in Weaver's Subdivision, being 2.56 feet South of the North line of Lot Numbered Forty -nine (49) of said Bank Out Lots; thence East along the North line of said alley 109.30 feet; thence North 32.35 feet; thence North 11 °25'00" West 71.50 feet to the Southwest corner of the East Half of Bank Out Lot Numbered forty -seven (47); thence North 99.00 feet to the Northwest corner of the East Half of Bank Out Lot Numbered 47; thence East 31 feet on the North line of said Bank Out Lot Numbered 47; thence North 44.00 feet; thence North 09 °00'00" East, 14.68 feet; thence 76.30 feet along an arc of a curve concave to the Southeast, with a radius of 54.20 feet, to the point of beginning. Excepting therefrom the following three tracts of land: Tract I: The East 10.00 feet of the West 152.00 feet of Bank Out Lot Numbered 47 and the East 10.0 feet of the South 24.75 feet of the -12- El REGULAR MEETING MARCH 25, 2002 West 152.00 feet of Bank Out Lot Numbered 46 in the State Bank of Indiana's First addition of Outlots in the Town, now City of South Bend. Tract II. All that part of the West 152.00 feet of the South Half (49.50) feet of Bank Out Lot 48 in the State Bank of Indiana's First Addition of Out Lots presently owned by the Mastic Corporation, and that part of the North 2.56 feet of Lot 1 in Weaver's Subdivision lying West of a line 152.00 feet East of the East line of Scott Street in the City of South Bend. Tract III. Part of Out Lot Numbered Forty -eight (48) in the State Bank of Indiana's First Addition of Outlots in the Town, now City of South Bend, and part of Lot Numbered One (1) Weaver's Subdivision, St. Joseph County, Indiana and being described as follows: Beginning at an iron pin at the Northwest corner of the East Half of said Outlot 48; thence East along the North line of said Outlot 48 a distance of 70.00 feet to an iron pipe; thence South along a line making an angle of 90 °05' with the last described course, 55.25 feet to an iron pipe; thence East on a deflection to the left 89 °39 from the last described course 151.89 feet to an iron pipe; thence South along the West line of Taylor Street, 44.06 to an iron pin at the Northeast corner of Lot 1 in Weaver's Subdivision; thence West along the South line of said Lot 48 being also the North line of said Lot 1, a distance of 115.50 feet to a cross in the concrete; thence South a distance of 2.56 feet to a drill hole; thence West along the North line of the existing alley being parallel to and 2.56 feet South of the South line of Outlot 48 a distance of 176.75 feet to an iron pipe; thence North parallel to and 152.00 feet East of the East line of Scott Street, 101.56 feet to a drill hole on the North line of said Outlot 48; thence East along said North line 70.39 feet to the point of beginning. and which has Key Number 18- 3047 -1801, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. -13- REGULAR MEETING MARCH 25, 2002 SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council -14- REGULAR MEETING MARCH 25, 2002 Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Peter J. Agostino, Attorney at Law, 1001 Hickory Road, South Bend, Indiana, made the presentation for this Resolution. Mr. Agostino noted that he is a principal in AAK Properties, LLC and also a shareholder in Anderson, Agostino & Keller the law firm which will occupy this property. He noted that this abatement is being sought to assist them with economic development of the project. Mr. Agostino advised that this is a big investment for the firm and they plan to bring more attorneys into town and expand the staff. It is estimated that they will expend three hundred thousand dollars ($300,000.00) and up to improve the property. The vacant rental property located south of 131 Taylor, which came with the package when they purchased the property from 1 st Source Bank, will be demolished at a cost of approximately thirty thousand dollars ($30,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3073 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, IN SUPPORT OF AN URBAN PARK AND RECREATION RECOVERY PROGRAM GRANT APPLICATION WHEREAS, the Common Council of the City of South Bend, Indiana, recognizes that the United States Congress passed the Urban Park and Recreation Recovery Act (UPARR) in 1978 which provides matching grants and technical assistance to economically distressed urban communities throughout the country; and WHEREAS, the Council further recognizes that the program authorizes the competitive federal assistance in urban localities for rehabilitation of critically needed recreational facilities; and WHEREAS, such federal rehabilitation grants provide capital funding to renovate or design existing "close -to- home" facilities with the federal government providing seventy per cent (70 %) of the funding and the local community providing thirty percent (30 %) of the funding; and WHEREAS, the City of South Bend, Indiana, believes that the overall quality of life in neighborhood parks can be revitalized and enhanced with the assistance of an Urban Park and Recreation Recovery Program Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, hereby supports the application to be submitted by the City Administration for an Urban Park and Recreation Recovery Program Grant. Section II. The Council believes that there is a critical need for rehabilitation of neighborhood parks in the City of South Bend, Indiana, and in particular the park recreational facilities. -15- REGULAR MEETING MARCH 25, 2002 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 Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Mark Bradley, Director of Marketing, South Bend Parks and Recreation Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Bradley advised that they are currently working on a project in coordination with the South Bend Heritage Foundation and the Northeast Neighborhood Revitalization Organization. They are seeking finances in the form of a grant from the Department of Natural Resources. The project involves the revitalization of Coquillard Park on the near northeast side of South Bend by doing some redevelopment and adding some new amenities which would not be possible without the grant funds. Mr. Phil Bird, no address given, representing the South Bend Heritage Foundation and the Northeast Neighborhood Revitalization Organization, asked for the Council's support of this Resolution. The grant application is in the amount of five hundred thousand dollars ($500,000.00), of which three hundred fifty thousand dollars ($350,000.00) will be the grant and one hundred fifty- thousand dollars ($150,000.00) will be a local contribution. He noted that if they are to be successful in the effort in the northeast neighborhood, the revitalization of the park is an important part of the total effect. 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 King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3074 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC DEVELOPMENT INITIATIVE GRANT WHEREAS, the Congressional appropriation for the Department of Veteran Affairs and the Department of Housing and Urban Development for the fiscal year ending September 30, 2002 included $100,000 from the Economic Development Initiative account for the City of South Bend, Indiana for the demolition and revitalization in the Studebaker Auto /Oliver Plow Works industrial corridor; and WHEREAS, the Department of Housing and Urban Development subsequently asked the City of South Bend to submit an application for these funds; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Economic Development Initiative Grant. -16- REGULAR MEETING MARCH 25, 2002 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United States Department of Housing & Urban Development for an Economic Development Initiative Grant and to execute all documents related to the Economic Development Initiative grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Economic Development Initiative grant application to be submitted to the United States Department of Housing and Urban Development. SECTION III. That for every activity, proj ect, or program to be funded under this resolution, the Mayor shall. submit to the Common Council. an appropriation ordinance prior to expenditure of any fiends received from the United States Department of Housing and Urban Development, SECTION IV. That the City of South Bend, Department of Community and Economic Development is hereby designated as the agency and office administering, on behalf of the City of South Bend, the Economic Development Initiative grant awarded under this application. SECTION V. That this resolution shall be in frill force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, 12th Floor, County - City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Resolution authorizes the Mayor to apply for a one hundred thousand dollar ($100,000.00) grant from the Economic Development Initiative Account for the City of South Bend to pursue their efforts in the Studebaker Oliver Corridor for acquisition, demolition and other services. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Counci I either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 3075 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER. STATION LICENSES FOR THE CALENDAR YEAR 2002 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any -17- REGULAR MEETING MARCH 25, 2002 environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises is fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on March 7, 2002, recommended the issuance of the license for the below listed applicant in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license application for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February of 2002, and subsequent favorable recommendation by the Board of Public Works: Indiana Iron & Metal 1602 South Lafayette Hurwich Iron Company 2016 West Washington Hurwich Iron Company 1700 West Washington Hurwich Iron Company 1610 Circle Avenue A -1 Auto Parts 2014 South Lafayette SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot advised that this Resolution involves the second group of licenses for scrap metal, junk dealers and transfer stations. These applicants have been reviewed by the Department of Code Enforcement and the Fire Department and were forwarded to the Board of Public Works with a favorable recommendation. Those positive recommendations are now being forwarded to the Council. Mr. Gilot stated that as discussed in the committee meting this afternoon, he will report to the Council on the number of outstanding businesses in this category that are left to be licensed so that they are not completed as late as last year. sm I REGULAR MEETING MARCH 25, 2002 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 19 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2733 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 20 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF OLIVE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; THE FIRST NORTH/SOUTH ALLEY WEST OF SADIE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE; CARLISLE STREET FROM ORANGE STREET NORTH TO LINDEN AVENUE This bill had first reading. Councilmember 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 April 8, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 21 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND TO THE PARK MAINTENANCE FUND ( #201) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on April 8, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: BILL NO. 12 -02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND REGULAR MEETING MARCH 25, 2002 BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE & ECLIPSE LLC, 17,185 AND 17,240 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA PHASE III It is noted that the Area Plan Commission conducted a Public Hearing on this bill on March 19, 2002 and sent it to the Council with a favorable recommendation. It is also noted that a Public Hearing on this bill was conducted at Council meeting held this date. BILL NO. 13 -02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BENDIX DRIVE AND PRAST BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember King made a motion that this bill be deleted from the agenda at this time. He noted that this bill, while in the hands of the Area Plan Commission, was withdrawn at the request of the Petitioner. Therefore, there will be no report forthcoming from the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, informed the Council that he is in receipt of the year end statement from the College Football Hall of Fame and would like to share some of his concerns. He raised the issues of the NFF contribution in light of their now overseeing the operations of the Hall. He also questioned the use of sponsorship monies and the use of one hundred fifty- thousand dollars ($150,000.00) that is reported as operational income called Contributions Public Support which is most likely monies from the Friends of the Hall which is now being used for operations instead of to pay off the bonds. He questioned bond guarantees that disappear and funds that are supposed to be used for one purpose being used for another. ADJOURNMENT There being no further business to come before the Council, President Kelly adj ourned the meeting at 7:50 p.m. ATTEST: 'W'� Lorett J. "aC r k -20- ATTEST: Roland Kelly, Preside 1