Loading...
HomeMy WebLinkAbout05-13-02 Council Meeting MinutesREGULAR MEETING MAY 13, 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, May 13, 2002, at 7:00 p.m. The meeting was called to order by Council Vice President Karen White and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Karl King David Varner Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Roland Kelly Andrew Ujdak 1" District 2 °d District 4`h District Chairperson, Committee of the Whole 5 1 District At -Large At -Large At -Large Vice - President 3rd District President 6" District REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the April 22, 2002 meeting of the Council and found them to be correct. Therefore, I recommend the same be approved. s/David Varner Councilmember Coleman made a motion that the minutes of the April 22, 2002 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS CHANGE IN MEETING DAY - MAY 28, 2002 Councilmember Coleman made a motion to reset the next meeting of the Council to 7:00 p.m., Tuesday, May 28, 2002 due to the Memorial holiday on Monday, May 27, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 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. BILL NO. 15 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS STREET & 619 EAST WASHINGTON STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made motion to consider the substitute version of this bill. -1- REGULAR MEETING MAY 13, 2002 Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White 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 `B" Residential, `B" Height and Area to "A -3" Mixed Use Multi- family Residential and Commercial, "G" Height to allow a parking lot. Mr. Myers further advised that the property is currently vacant land. Located to the north are single - family homes and a multi- family dwelling unit zoned `B" Residential, `B" Height and Area; to the east across St. Louis Avenue are single- family homes, a multi - family dwelling unit and an office zoned `B" Residential, `B" Height and Area; to the south across Washington Street is an office zoned "A -3" Mixed Use, "G" Height and Area; and to the west is a single family home zoned `B" Residential, `B" Height and Area and a commercial business zoned "C" Commercial, `B" Height and Area. Access to the site will be from St. Louis Avenue. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is eight thousand five hundred eighty (8,580) square feet. Of that, the parking and drives will occupy eighty -nine percent (89 %) of the site and eleven per cent (11 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. Based on its Public Hearing held on April 16, 2002, the Area Plan Commission sends this petition to the Council with a favorable recommendation subject to a final site development plan. This site will serve as an off site parking facility for the office and laboratory facility to the south. With proper buffering for the surrounding residential uses through the use of screening, as currently shown on the site plan, it is the opinion of the Area Plan Commission that the proposed use is reasonable for this site. However, it is recommended that the parking lot be made available for public use after hours of operation. Mr. Michael Danch, President, Danch, Harper & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this petition on behalf of the petitioners, Underwriter's Laboratories, Inc., 110 South Hill Street, South Bend, Indiana. Mr. Danch noted that the property to be rezoned is located on the northwest corner of St. Louis Boulevard and Washington Street. The petitioner would like to develop a twenty -six (26) space parking lot on this property which will supplement the addition to Underwriters Laboratories which is directly across the street on the southwest corner. There will be one (1) access point off of St. Louis Boulevard. Mr. Danch further noted that extensive screening will be provided along both Washington and St. Louis Streets. There is an existing single family residential structure to the west. Not only will landscaping be provided but also a six foot (6') high wood fence will be erected along the entire north line. There are no utilities connected to this particular use since it is going to be a parking lot and the drainage will be handled on site according to City standards. Mr. Danch advised that with the screening and the way they have developed this site it is their hope that this use fits in with this particular area. Additionally, this particular zoning classification was chosen as it is compatible with some of the other uses that are present. Councilmember King noted that the Area Plan Commission recommended that the owner of this parking lot make it available for public use after hours and asked if that is acceptable. Mr. Danch stated that they have agreed to this recommendation. He noted that Underwriter's Laboratories has other parking lots in this particular area and they provide the same usage after hours. -2- REGULAR MEETING MAY 13.2002 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 54 -95 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Angela M. Furore, Planner, Division of Community Development, 12th Floor, County -City Building, South Bend, Indiana, Petitioner for this bill, made the presentation. Ms. Furore advised that this is a continuation of an alley vacation that was started in 1995 but for reasons unknown was never carried through. She further advised that they are revisiting this vacation petition on behalf of the neighborhood. Ms. Furore submitted photographs to the Council which indicate that the alley is not an active alley but looks much like a driveway. She noted that no one uses this alley and there are no utilities located in this alley. Therefore, the neighborhood would like to carry through the original petition to vacate in order to make improvements. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Wayne Curry, no address given, stated that he is a resident of the area and advised that the alley in question was very overgrown until it was cleaned by the Department of Code Enforcement in 1995. He further stated that the alley is very close to his house and it would be dangerous if it were to be used for traffic even though it has not been used for that purpose in the last decade. Mr. Curry asked that the alley be vacated. There was no one else present wishing to speak to the Council in favor of this petition and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 27 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO -3- REGULAR MEETING MAY 13, 2002 BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF NAPOLEON STREET FROM THE WEST RIGHT OF WAY LINE OF FRANCES STREET WEST TO A POINT FOR A DISTANCE OF 129.71 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. He additionally advised that the Council has received a favorable recommendation from the Board of Public Works concerning this petition. Mrs. Jessica and Mr. Dennis Payne, 1119 North Frances Street, South Bend, Indiana, made the presentation for this bill. Mrs. Payne advised that she and her husband are asking for the vacation of this alley primarily for the safety of their children and their property. The alley has created a significant hazard for their children with cars driving up and down the alley and not paying any attention to the residents. Also, the close proximity of the alley to the rear of their house has created difficulties with people coming into their yard and violating their property and their belongings. 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 in favor of this vacation. Ms. Judith Johns, CEO, Holy Cross Service Corporation, located on the campus of St. Mary's College, advised that she is authorized by the Sisters of the Holy Cross to represent them in this matter. Ms. Johns noted that the Sisters of the Holy Cross own the property from Notre Dame Avenue to Frances Street along St. Vincent and they own all the property on the south side of the alley in question and they wish for this alley to remain as is. Mr. Gary Woods, Director of Asset Management, University of Notre Dame, noted that they own the property at the northwest corner of the alley in question. Their basic point of contention is the fact that since they do not own the property to the south of the alley and do not know what development may be intended for that property in the long term, access to their particular property could be in j eopardy. Therefore, they would not be in favor of having this alley vacated due to non - access to their property. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mrs. Payne stated that in regards to the property owned by the University of Notre Dame, this is one of the reasons that they have chosen not to ask for the entire alley from Frances Street to Notre Dame Avenue be vacated. They are requesting that only the portion of the alley from Frances Street to 129 feet at the rear of their property be vacated. The property from Notre Dame Avenue to the center point would be left as a public right of way. Therefore, Notre Dame would not risk losing their drive. Councilmember Kirsits inquired if the property immediately to the south is owned by Holy Cross. Ms. Johns from her seat in the audience, responded to this inquiry. Mrs. Payne reiterated that the reason for not closing the entire alley is to continue to allow the property on Notre Dame, which is owned by the University of Notre Dame, to continue to have use of that alley as a driveway. In regards to the property owned by the Sisters of the Holy Cross, it is In J J 1 REGULAR MEETING MAY 13, 2002 vacant land. The homes that are directly to the south of the vacant property which are on St. Vincent do have private drives and garages and those homes are not impacted by this alley in any way. Mrs. Payne noted that it is their initial intent for the alley to remain as a drive and to remain as accessible land for maintenance vehicles. The only inconvenience will be that it is not a through alley. Councilmember Kirsits stated that his question is regarding the land immediately to the south of the alley opposite the Payne's driveway and asked if that was vacant property with no houses on it. Mrs. Payne stated that that was correct. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion. Councilmember Coleman noted that he views this as a public safety consideration in so much as the alleyway does come very close to the property owned by the Payne's and the Council has in recent history worked hard to relieve homeowners of alleyways that traverse as close as this one does to their properties when it does not affect normal traffic. He noted that he does not see in any way that this vacation would prevent people from being able to move either along Frances Street, Notre Dame Avenue or St. Vincent Street. The motion carried by a voice vote of seven (7) ayes. BILL NO. 26 -02 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 17, ARTICLE SEVEN, SECTION 17 -56 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE SEWER SERVICE FUND AND CHARGES Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jack Dillon, Director, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Dillon advised that this bill increases the assessment paid by homeowners for the sewer insurance program. The purpose of this program is to defray a portion of the costs of the repair of the private sewer that extends from the outside wall of the residence to the City sewer in the street. The first five hundred dollars ($500.00) of this insurance is a deducible that is paid by the homeowner. The remaining portion of the cost for this repair will be paid by this insurance fund. In the past, the average cost of these types of repairs has run around two thousand two hundred dollars ($2,200.00) so the homeowners would pay about one -fourth (1/4) of that total cost. In the past couple of years there has been an increase of thirty (30) to fifty (50) repairs a year and an increase in costs from about one thousand eight hundred dollars ($1,800.00) in 1999 to two thousand eight hundred dollars ($2,800.00) in 2001. The purpose of the increase would be to increase the revenues from this rate to continue to cover the cost of this program and keep a reserve fund available should a catastrophe occur. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. -5- REGULAR MEETING MAY 13, 2002 BILL NO. 28 -02 PUBLIC HEARING ON A BILL APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND Councilmember King reported that the Community and Economic Development Committee met on this bill and sends it to the Council favorably. Mr. Jon Hunt, Director, Community and Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt advised that this is an annual appropriation for predevelopment money from the federal Urban Development Action Grant Program. Predevelopment money has been used in the past for market feasibility studies, site planning for potential projects and preliminary engineering work. This bill proposes to appropriate sixty thousand dollars ($60,000.00) to be used for planning efforts for the Citywide Retail Strategy and the development of a Citywide Plan within the framework of the Area Plan Commission's Comprehensive Plan which the Council will be considering in the next several months. 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. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. 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. ATTEST: 0*Lorettf/Dudr"i-ty Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:25 p.m. Council Vice President Karen White presided with seven (7) members present. ORDINANCE NO. 9323 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS STREET & 619 EAST WASHINGTON STREET IN THE CITY OF SOUTH BEND, INDIANA M REGULAR MEETING MAY 13, 2002 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. 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. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9324 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 FROM THE EAST RIGHT -OF -WAY LINE OF N. BURNS STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY EAST OF N. BURNS STREET FOR A DISTANCE OF APPROXIMATELY 118 FEET AND A WIDTH OF APPROXIMATELY 10 FEET. PART SITUATED IN HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King 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. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9325 -02 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF NAPOLEON STREET FROM THE WEST RIGHT OF WAY LINE OF FRANCES STREET WEST TO A POINT FOR A DISTANCE OF 129.71 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S 2ND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9326 -02 AN ORDINANCE OF THE SOUTH BEND COMMON - - COUNCIL AMENDING CHAPTER 17, ARTICLE SEVEN, SECTION 17 -56 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE SEWER SERVICE FUND AND CHARGES 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 seven (7) ayes. ORDINANCE NO. 9327 -02 AN ORDINANCE APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND -7- REGULAR MEETING MAY 13, 2002 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 3093 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 212 E. LASALLE STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SBL BUILDING CO., LLC 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 212 E. LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Four (4) through Six (6), inclusive as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend, EXCEPTING THEREFROM a lot or parcel of land 16 rods in length taken off of and from the entire width of the East ends of said lots. ALSO, Lots Numbered Two (2) through Four (4), inclusive as shown on the recorded Plat of Esther Miller's Subdivision of a part of Lots 4, 5, and 6 in the Original plat of the Town of Lowell, now a part of the City of South Bend. and which has Key Number 18 -5003 -0041, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines In D REGULAR MEETING MAY 13, 2002 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 et. se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. Thomas Hall, 1323 Fairfax Drive, South Bend, Indiana, noted that this relates to his profession with his offices at 340 Columbia Place. Ms. Sean Kenyon, 4113 2A Irish Hills Drive, noted that this also relates to her profession with the offices of Konopa, Reagan & Kenyon at 212 East LaSalle, South Bend, Indiana. Mr. Hall requested favorable consideration of this tax abatement. 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. 3094 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A - DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 W. SAMPLE ST. TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: AJW SOUTH BEND REALTY CORP. 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 1902 W. Sample Street, South Bend, Indiana, and which is more particularly described as follows: That Part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a Point which is S. 00 °- 05'51" E. (All Bearings Assumed), 50.00 ft. more or less and S. 89 °- 52' -12" E., 1,076.95 ft. more or less from the North Quarter Post of Said Section 15; thence continuing S. 00 °- 05' -51" E., 395.00 ft. more or less; thence S. 89 °- 56' -51" W., 492.00 ft. more or less; thence N. 51 °- 31' -38" W., 141.28 ft. more or less to the Proposed Southerly Line of Sample Street; thence along said Proposed Line, S. 37 °- 45' -40" W., 697.66 ft. more or less to the Proposed Easterly Line of Olive Street; thence along said East Line, S. 000- 08' -02" W., 1106.17 ft. more or Less; thence N. 89 °- 54' -19" E., 557.45 ft. more or less; thence N. 79 °- 32' -32" E., 592.72 ft. more or less; thence N. 000- 07' -40" W., 370.29 ft. more or less; M REGULAR MEETING MAY 13, 2002 thence N. 89 °- 54' -19" E., 922.75 ft. more or less; thence N. 00 °- 01'-16" W., 1482.61 ft. more or less to the Proposed South Line of Sample Street; thence N. 89'-52'-12"W. along said Proposed South Line, 1029.96 ft. to the Point of Beginning. Containing 70.95 acres more or less. and which has Key Number 18- 80752841, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. The Common Council pursuant to section 2 -84 of the South Bend Municipal Code finds the five (5) year designation is appropriate and rational period for this abatement in light of the following: A. The project far exceeds the minimum requirement of 100,000 sft. for tax abatement eligibility. B. The project has an enormous cost associated with it of over $46 million, including land, building and equipment. C. The project site is located in an area which otherwise would not see normal growth or development, and the project is expected to be a catalyst for future development in the area. D. The project will result in a significant number of new jobs, the total number of which is projected to reach 874 by the time the project is completed. E. The project is supported by and is receiving financial assistance from the Indiana Department of Commerce, the City of South Bend, and the Urban Enterprise Association. F. The project site falls within all of the designated areas including, the Tax Abatement Impact Area, the Economic Development Target Area, the Sample -Ewing Development Area and the Urban Enterprise Zone. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, 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 et. se g. -10- 1 1 REGULAR MEETING MAY 13, 2002 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen White Member of the Common Council Mr. Dick Paulen, Barnes & Thornburg, no address given, advised that he is the representative for AJW South Bend Realty Corporation. Mr. Paulen advised that AJW South Bend Realty Corporation is a real estate holding company for A. J. Wright, a division of TJX Company, Inc. AJW South Bend Realty Corporation proposes to build an eight hundred thousand (800,000) square foot warehouse distribution center at the southeast corner of Sample Street and Olive Street. A. J. Wright targets the moderate income consumer by offering apparel, footwear, accessories, home fashions and costume jewelry. Launched in 1998, A.J. Wright currently has more than fifty (50) stores. The South Bend warehouse distribution center will serve A. J. Wrights's Midwestern locations and will offer expansion of the Midwestern operations. The project will be completed in two (2) phases. The initial phase of five hundred thousand (500,000) square feet will break ground in July of 2002. The second three hundred thousand (300,000) square a foot phase is expected to break ground in July of 2005 and be completed by 2006. The buildings will be built over a seventy (70) acre site in the Sample -Ewing Development Area. The estimated cost of construction is approximately $24 million dollars with land acquisition costs of two thousand five hundred dollars ($2,500.00). In addition, there will be additional expenses for equipment. It is estimated that the project will create one hundred forty (140) new jobs, representing an annual payroll of $2.2 million dollars. Within the five (5) year period a total of eight hundred seventy four (874) new permanent jobs will be created representing - - a payroll of approximately $44 million dollars. 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 Pfeifer 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. BILL NO. 02 -42 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LASALLE PROPERTY MANAGEMENT CO., LLC Councilmember White advised that the Petitioner has asked that this Resolution be continued until the May 28th meeting of the Council. Therefore, Councilmember Coleman made a motion to continue this bill as requested. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3095 -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 -11- REGULAR MEETING MAY 13, 2002 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap /junk/and recycling dealers; WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operation have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises is fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meeting held on April 22, 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 applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in February of 2002, and subsequent favorable recommendation by the Board of Public Works: Indiana Auto Parts 3301 South Main Street South Bend, Indiana 46614 U.S. Scrap & Recycling 1420 South Walnut Street South Bend, Indiana 46619 SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen White 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, and President of the Board of Public Works, 13th Floor County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilot advised that these are the last two (2) scrap metal dealers for the year to receive their license renewals. They have received favorable reports from the Department of Code Enforcement and the fire inspectors and he therefore submits a favorable recommendation. 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. -12- 1 1 u REGULAR MEETING MAY 13, 2002 BILLS - FIRST READING BILL NO. 29 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW REVOLVING FUND TO BE KNOWN AS THE INDUSTRIAL DEVELOPMENT FUND ( #434) This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 28, 2002. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 30 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARY BETH WISEMAN, 60645 MAIN ST. This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and be set for Public Hearing on June 10, 2002 and Third Reading on June 24, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 31 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A TECHNICAL ERROR IN ORDINANCE 9314 -02 WHICH ADOPTS THE.ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on May 28, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 32 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR SPECIFIED PROPERTIES LOCATED IN THE HOMELAND NEIGHBORHOOD BETWEEN OLIVE STREET ON THE EAST, EWING AVENUE ON THE SOUTH, NEW ENERGY DRIVE ON THE WEST, AND RAILROAD TRACKS ON THE NORTH, 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. 33 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN -13- REGULAR MEETING MAY 13, 2002 PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RAITT CORPORATION, AN INDIANA CORPORATION, 22,500 BLOCK OF S.R. #23, SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer 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. 34 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CORRECTING TECHNICAL ERRORS IN ORDINANCE #9290 -01 WHICH ESTABLISHES UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on May 28, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 35 -02 FIRST READING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 8318 -92, AS AMENDED BY ORDINANCE NO. 8419 -93, CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO 8801 -97, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO. 9027 -99, AS AMENDED AND RESTATED BY ORDINANCE NO 9095 -00, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND SUPPLEMENTING AND AMENDING ORDINANCE NO. 9247-01, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND THE COLLECTION, SEGREGATION AND THE DISTRIBUTION OF THE REVENUES OF SAID WATERWORKS, THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, OTHER MATTERS CONNECTED THEREWITH This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on May 28, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. -14- REGULAR MEETING MAY 13, 2002 BILL NO. 36 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF AMERITECH DRIVE AND PARKLAND DRIVE, 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. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS ANNOUNCEMENT OF OPEN PUBLIC FORUM REGARDING REDISTRICTING Councilmember Pfeifer announced that the Council's Special Redistricitng Committee has been meeting all year and they will be conducting an open forum meeting on Saturday, July 6, 2002 in the Council Chambers from 9:00 a.m. to 11:00 a.m. Councilmember Pfeifer noted that this will be an open public forum for anyone from the public to come and ask questions and be brought up to date on the work of the committee regarding the redistricting of the City of South Bend. She also noted that they will behaving other meetings throughout the City and people will be notified. PRIVILEGE OF THE FLOOR FINANCIAL REVIEW FOR 2001 - COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, submitted to the Council the College Football Hall of Fame Financial Review for 2001. Mr. Cierzniak reviewed and commented on the information contained in the handout. Additionally, Mr. Cierzniak reminded members of the Council that at the last meeting he informed them that he requested from Mr. Bernie Kish, his salary and the salaries of the other employees of the Hall of Fame. At that time Mr. Kish advised him that they were employees of the NFF. He then wrote a letter to Mr. Rick Walls, Director of Operations, for the National Football Foundation and was advised that the NFF and the College Football Hall of Fame are not for profit corporations and he considers the questions regarding salaries and benefits as private and confidential. Mr. Cierzniak told the Council that they should be outraged that the NFF is saying that this information is private and confidential when the City makes up forty -five per cent (45 %) of the net operating income of the Hall for the NFF use. He stated that he believes it is time the City refuse to go along with something like this and thinks it is time the City think about getting out of its arrangement with the NFF. Mr. Cierzniak noted that the increase in Personnel Services for 2000 was four hundred forty -eight thousand dollars ($448,000.00) and for last year it was five hundred twenty -two thousand dollars ($522,000.00) for an increase of seventy -one thousand dollars ($71,000.00) in salaries and benefits. He stated that he believes the City has the right to ask about this increase which he believes is outrageous. REQUEST OF SOUTH BEND FIREFIGHTERS ASSOCIATION Mr. Ken Marks, 1122 South Main Street, South Bend, Indiana, stated that when he addressed the Council at their last meeting it was his intent for them to consider the idea of a two per cent (2 %) increase in wages for the members of the South Bend Fire Department -15- REGULAR MEETING MAY 13, 2002 for the remainder of 2002. At this time he is formally submitting that request in writing along with a copy of a letter which we wrote to the Mayor to which he has not yet received a response. Mr. Marks noted that he appreciates the Council's respect for the Mayor but the Mayor does not negotiate their wages, the Council does. Mr. Marks further stated that in regards to the history of Bill 1138, the municipality that initiated that bill, which relates to the hydrant user fee, uses those dollars to reduce the cost of property taxes for the citizens and also to give their public service employees raises. In light of the fact that in South Bend those dollars will not go toward property taxes, they are asking the Council to grant this raise request. He noted that South Bend firefighters are being compared to other larger municipalities because of the job they do and how well they do that job. It has also come to his attention that a homeowner can get a better rate on his homeowners insurance because of how well the South Bend Fire Department does its job and their quick response time. In conclusion, Mr. Marks asked the Council to consider this request and noted that everyone benefits from how well they do their job with the exception of them. There was no one else present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, Vice President White adjourned the meeting at 7:52 p.m. ATTEST: ATTEST: Loretta da, C' y Jerk K ren White, Vice -16- 1