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HomeMy WebLinkAbout12-09-02 Council Meeting MinutesREGULAR MEETING DECEMBER 9, 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, December 9, 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. MOMENT OF SILENCE FOR DECEASED CITY EMPLOYEE DEAN HEINZELMAN Council President Kelly called for a moment of silence for Dean Heinzelman who was killed in a traffic accident on his way to work last week. Mr. Heinzelman was an employee of the City of South Bend/St. Joseph County Building Department. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1 st District 2nd District 3rd District President 4`h District Chairperson, Committee of the Whole 5"' District 6"' District At -Large At -Large At -Large 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 November 25, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the November 25, 2002 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS 1. REAPPOINTMENTS TO REDEVELOPMENT COMMISSION, HUMAN RIGHTS COMMISSION AND AREA PLAN COMMISSION President Kelly announced the reappointments of Ms. Marcia Jones and Mr. Robert Hunt to the Redevelopment Commission, Mr. William Eagan to the Human Rights Commission and Mr. Karl King to the Area Plan Commission. 2. BILL NO. 02 -91 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (RONALD AND BEVERLY MATTHYS ANNEXATION AREA) -1- REGULAR MEETING DECEMBER 9, 2002 Councilmember Pfeifer made a motion to continue this bill until the January 27, 2003 meeting of the Council. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. Councilmember King noted that this is the portion of the meeting in which members of the Council meet as the Committee of the Whole in order to hear presentations and public comment on bills for ordinance consideration that will be coming before the full Council later this evening. After the hearing on each bill the committee will vote on the disposition of the bill which typically is to send it to the Council with either a favorable or an unfavorable recommendation. Councilmember King explained that the South Bend Municipal Code requires that before the hearings are begun by the Committee of the Whole the Chairman shall review for everyone present the procedure that will follow. The Committee of the Whole operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski- Farrand serves as the Council Parliamentarian. The procedure for the Public Hearing on each bill is conducted in the following steps: The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his /her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. In these presentations, each member of the public speaking against the bill is limited to five (5) minutes for his /her presentation and must begin by stating his/her name and residential address. The total time for comments by members of the public speaking against the bill is limited to the amount of time that was used by the members of the public who spoke in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing is held in which members of the Committee of the Whole discuss the bill and vote on its disposition. Councilmember King advised that Bill No. 72 -02 will be postponed until the January 27, 2003 meeting of the Council and Bill No. 95 -02 will be postponed until the January 13, 2003 meeting of the Council and appropriate action to do so will take place later in the meeting. -2- REGULAR MEETING DECEMBER 9, 2002 BILL NO. 72 -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 THE ZONING ORDINANCE FOR CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; RONALD & BEVERLY MATTHYS LLC, AN INDIANA LIMITED LIABILITY COMPANY, 57500 BLOCK OF MAYFLOWER ROAD, SOUTH BEND, INDIANA Councilmember Coleman made a motion to postpone this bill until the January 27, 2003 meeting of the Council at the request of the petitioner. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and sends it to the Council with an unfavorable recommendation. This recommendation is based on the fact that rezoning this property industrial would have a serious negative impact on the residential area that the City has been working hard to bring up to its current status. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from `B" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow a storage building. The property is currently used for parking. Located to the north are single family homes zoned `B" Residential, "A" Height and Area and a commercial business zoned "C" Commercial, "E" Height and Area; to the east are single family homes and a church zoned `B" Residential, "A" Height and Area; to the south are single family homes zoned `B" Residential, "A" Height and Area and a commercial business and a multi - family dwelling unit zoned "C' Commercial, `B" Height and Area; and to the west is a commercial business and a multi - family dwelling unit zoned "C" Commercial, "E" Height and Area. Mr. Myers also advised that the proposed access to the site is from the north/south alley west of the site. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is seven thousand seventy -six (7,076) square feet. Of that, the buildings will occupy thirty -one per cent (31 %) of the site, parking and drives will occupy forty -four per cent (44 %) of the site and twenty -five per cent (25 %) 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. However, a confirmed contamination site is located approximately 3/4 of a mile east of the site. The site plan is preliminary. The City Engineering Department has commented that due to the revisions that were made to the site plan their previous concerns with access and drainage have been resolved. The Area Plan Commission, at its Public Hearing held on September 17, 2002, sent this petition to the Council with an unfavorable recommendation. Introducing industrial zoning at this location would be an intrusion into the residentially zoned and used areas to the north, east and south. The City and the neighborhood residents have made substantial improvements to the Southeast Neighborhood. Rezoning this property industrial would have a serious negative impact on the fragile residential area. Currently, the commercial uses in the area are oriented toward South Michigan, not on residential streets. Furthermore, the petitioner has two (2) other grocery store -3- REGULAR MEETING DECEMBER 9, 2002 locations that this warehouse could serve. It is the Commission's opinion that it is not necessary to have the proposed warehouse structure adjacent to the grocery store located on Michigan Street. The warehouse could serve these three (3) stores equally well on property already zoned "D" Light Industrial. Mr. Myers presented photos and maps of the site to be rezoned. Mr. Phillip Lloyd, 3605 Hays Court, South Bend, Indiana, representing the owner, made the presentation for this bill. Mr. Lloyd advised that he believes this parcel of property will stay a parking lot if this use is not allowed as he does not foresee anyone building a house on this property. He noted that the owner would like to utilize the property he owns by making it larger. Mr. Lloyd stated that it was their intention to create a storage building and in order to do that the property needed to be zoned industrial. Now it is being referred to as a warehouse. He stated that he believes that it is unfair to the owner and that the building would not be obtrusive to the neighbors. Mr. Lloyd informed the Council that they did not receive any negative comments from residents within three hundred feet (300') of this property who were notified 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 either in favor of or in opposition to this bill. Councilmember Coleman noted that as he stated at the committee level he is opposed to this rezoning. The alleyway behind the store along Michigan Street serves as a line of demarcation between the residential zoning that exists to the east and the commercial or other zoning that is present along Michigan Street. He stated that he believes that that is purposeful and appropriate. The land itself serves as a reasonable buffer but any kind of structure on that site that had a use other than residential would be inappropriate for that location. Therefore, Councilmember Coleman made a motion that this bill go to the full Council with an unfavorable recommendation. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, SOUTH BEND, INDIANA Councilmember White advised that the Zoning and Annexation Committee held a Public Hearing on this bill and sends it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioner is requesting a zone change from "C -1" Commercial, `B" Height and Area to "C" Commercial, `B" Height and Area to allow a video production company and residence. The property currently contains a vacant office building. Located to the north across Colfax Avenue is a single - family home zoned `B" Residential, `B" Height and Area; to the east across St. Louis Avenue is a multi - family dwelling unit and a single - family home zoned `B" Residential, `B" Height and Area; to the south is a duplex zoned `B" Residential, `B" Height and Area; and to the west is a mixed use building zoned "C -1" Commercial, `B" Height and Area. Access to the site is from both Colfax Avenue and St. Louis Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is !le 1 1 REGULAR MEETING DECEMBER 9, 2002 three thousand nine hundred sixty (3,960) square feet. Of that the buildings will occupy thirty -three per cent (33 %) of the site, the parking and drives will occupy eighteen per cent (18 %) of the site and forty -nine per cent (49 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. A Special Exception will be necessary for the residential portion of this building if this site is rezoned to "C" Commercial by the Common Council. Mr. Myers further advised that based on its Public Hearing held on November 19, 2002, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan. The site is currently zoned "C -1" Commercial which allows for some commercial uses. It is the Commission's opinion that the proposed zoning and use is reasonable for this site and should not have a detrimental effect on the surrounding area. However, it must be noted that many changes and improvements may be needed for the site plan prior to final site plan approval. Those changes include making sure everything is up to date and complies with the ordinance in terms of showing setbacks and making sure the proper notes and variances are marked on the site plan. At this time, Mr. Myers provided an overhead presentation of the site including maps and photos. Mr. Don MacDonell, Wightman Petrie Environmental, the owner of the property, no address given, made the presentation for this bill. Mr. MacDonell advised that this rezoning is being requested in order to have a dual use of commercial and residential use for this property. The rezoning will fit well with their tenants needs and they feel that it fits in well with the surrounding properties in the area. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE /916 E. WAYNE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White advised that the Zoning and Annexation Committee held a Public Hearing on this bill and sends it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers stated that the petitioner is requesting a zone change from "D" Light Industrial, `B" Height and Area to "A -3" Mixed Use, `B" Height and Area to allow a single family residential use, office uses, and educational uses /art studio. The property currently contains commercial structures. Located to the north are single family homes zoned `B" Residential, `B" Height and Area; to the east are commercial businesses zoned "D" Light Industrial, "E" Height and Area; to the south are industrial uses zoned "D" Light Industrial, `B" Height and Area; and to the west across Notre Dame -5- REGULAR MEETING DECEMBER 9, 2002 Avenue are single family homes and duplexes zoned `B" Residential, `B" Height and Area. Access to the site is from both Wayne Street and Notre Dame Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is thirty -five thousand four hundred thirty -two (35,432) square feet. Of that, the buildings will occupy twenty -nine per cent (29 %) of the site, the parking and drives will occupy sixty -six per cent (66 %) of the site and five per cent (5 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on November 19, 2002, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed rezoning to "A -3" Mixed Use represents a down zoning and will be more compatible with the residential area to the north and west than the industrial uses that could be developed under the existing "D" Light Industrial zoning. However, it must be noted that many changes and improvements may need to be made to the site plan prior to final site plan approval. At this point, Mr. Myers presented photos and maps of the area. Mr. Pat McGraw, 306 S. Notre Dame, South Bend, Indiana, made the presentation for this bill. Mr. McGraw advised that this rezoning is being requested in order to be able to put a residence and an office on the same site. It was zoned industrial originally because the history of the area was industrial. However, the area is now more residential and office. He noted that this is a prime infill site in South Bend and believes the direction will be to go to residential and /or office for this site. 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 95 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -117 OF THE MUNICIPAL CODE OF SOUTH BEND COMMONLY REFERRED TO AS LEAVE OF ABSENCE FOR MILITARY TOUR OF DUTY Councilmember Coleman made a motion to postpone the hearing on this bill until the January 13, 2003 meeting of the Council at the request of the petitioner. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED CITY OFFICERS AND EMPLOYEES Councilmember Aranowski advised that the Personnel and Finance Committee held a meeting this afternoon but due to the lack of a presenter for this bill, it comes to the Council with no recommendation. M REGULAR MEETING DECEMBER 9, 2002 Mr. Jeff Jankowski, Deputy City Attorney, Offices on the 14th Floor of the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Jankowski advised that this bill amends the current ordinance to accurately reflect the actual holidays that were negotiated during negotiations of the Teamster Agreement as well as the holidays that were presented to the Board of Public Works for passage this year. Mr. Jankowski noted that Washington and Lincoln's birthdays were eliminated since they are both celebrated on Presidents Day and the term Martin Luther King's Birthday was renamed to Martin Luther King Day to accurately reflect the day that it is actually celebrated. He noted that the rest of the dates remain the same with one (1) addition being a religious holiday of the employee's choosing. Mr. Jankowski noted that this request came from employees of various religions to more accurately reflect the City's workforce. 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 either in favor of or in opposition to this bill. Councilmember Pfeifer commended the City for moving toward respecting a diverse workforce and made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES Councilmember Pfeifer advised that the Health and Public Safety Committee and the Personnel and Finance Committee held a combined meeting this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Charles Leone, City Attorney, Offices at 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Leone advised that this bill contains technical amendments to the Adult Business ordinance. The purpose is to protect the ordinance, which is now in litigation, from a defect that might cause it to be struck down entirely. He further advised that there is a series of cases that arise out of the U.S. Court of Appeals for the 6th Circuit in which ordinances that have a characteristic of not preserving the status quo while there are challenges pending on constitutional grounds to ordinances, have been struck down. Mr. Leone stated that at the advice of the legal counsel assisting the City in the adult business trial, they have made these suggestions for changes to the ordinance that would preserve the status quo while any challenges are pending to the ordinance. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -7- REGULAR MEETING DECEMBER 9, 2002 BILL NO. 98 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 BILL NO. 99 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 Councilmember White made a motion to hear the substitute version of Bill No. 98 -02. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly made a motion to hear the substitute verison of Bill No. 99 -02. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman made a motion to combine Bills Nos. 98 -02 and 99 -02 for purposes of Public Hearing. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski informed the Council that the Personnel and Finance Committee met this afternoon on these bills and sends them to the Council with favorable recommendations. Mr. Rick 011ett, Controller, Offices on the 14th Floor of the County -City Building, South Bend, Indiana, made the presentation for these bills. Mr. 011ett advised that Bill No. 98 -02 transfers amounts from various accounts to various accounts within departments. It rebalances budgeted amounts for unforeseen account usage during the year. Money is taken from accounts which have a surplus to balance out accounts with deficits. Bill No. 99 -02 increases and decreases appropriations for various departments within various funds. This being the time heretofore set for the Public Hearing on the above bills proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning substitute Bill No. 98 -02. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a motion for favorable recommendation to full Council concerning substitute Bill No. 99 -02. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDEEM THE 1992 SOUTH BEND REDEVELOPMENT AUTHORITY TAXABLE LEASE /RENTAL, REVENUE BONDS (PALAIS ROYALE); TO APPROPRIATE $34,314.63 FROM FUND #328 FOR BOND REDEMPTION PURPOSES; TO 1 1 REGULAR MEETING DECEMBER 9, 2002 TRANSFER $260,686.37 FROM FUND #328 TO FUND 4420 (SOUTH BEND CENTRAL DEVELOPMENT AREA T.I.F.); AND TO CLOSE FUND 9328 DUE TO FULFILLMENT OF THE FUND'S PURPOSE Councilmember King advised that the Community and Economic Development Committee and the Parks, Recreation, Cultural Arts and Entertainment Committee met jointly this afternoon and voted to send this bill to the full Council with a favorable recommendation. Mr. Rick 011ett, Controller, Offices on the 14th Floor of the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this bill involves bonds that were issued in 1992 and have a final maturity date of February 1, 2004. The City has monies available in two (2) different funds that will more than pay for redeeming this bond and therefore will be able to save interest dollars over the next fourteen (14) months. Rather than pay 7.3% interest and then earn only 1 % to 1.5% on those funds invested the City will recognize those savings as well as redeploy surplus funds in those two (2) separate bond redemption funds. 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 Varner seconded the motion which carried by a voice vote of nine (9) 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 nine (9) ayes. ATTEST: 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 7:40 p.m. Council President Roland Kelly presided with nine (9) members present. BILLS - THIRD READING BILL NO. 44 -02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to defeat this bill. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. BE REGULAR MEETING DECEMBER 9, 2002 ORDINANCE NO. 9379 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, SOUTH BEND, INDIANA 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 nine (9) ayes. ORDINANCE NO. 9380 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE /916 E. WAYNE 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 nine (9) 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 nine (9) ayes. ORDINANCENO. 9381 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED CITY OFFICERS AND EMPLOYEES 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 nine (9) ayes. ORDINANCE NO. 9382 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING FOR TECHNICAL PURPOSES CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGULATING ADULT BUSINESSES This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9383 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 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 nine (9) 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 nine (9) ayes. -10- REGULAR MEETING DECEMBER 9, 2002 ORDINANCE NO. 9384 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2002 This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9385 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REDEEM THE 1992 SOUTH BEND REDEVELOPMENT AUTHORITY TAXABLE LEASE /RENTAL, REVENUE BONDS (PALAIS ROYALE); TO APPROPRIATE $34,314.63 FROM FUND #328 FOR BOND REDEMPTION PURPOSES; TO TRANSFER $260,686.37 FROM FUND #328 TO FUND #420 (SOUTH BEND CENTRAL DEVELOPMENT AREA T.I.F.); AND TO CLOSE FUND #328 DUE TO FULFILLMENT OF THE FUND'S PURPOSE 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 nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3137 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 630 E. COLFAX AVE., SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. -11- REGULAR MEETING DECEMBER 9, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 630 E. Colfax Ave., South Bend, Indiana, 46601 in order to permit from "C -1" Commercial, `B" height and area to "C" Commercial, `B" height and area for Video Production and Single - Family Residential Use SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the Special Exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. 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 White reported that the Zoning and Annexation Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, City of South Bend/St. Joseph County, no address given, informed the Council that the Board of Zoning Appeals heard this petition on November 21, 2002 and sends it to the Council with a favorable recommendation. Mr. Fozo noted that this petition is to allow a combined use of a commercial business and residential. Mr. Don MacDonell, Wightman Petrie Environmental, no address given, made the presentation for this Resolution. -12- 1 REGULAR MEETING DECEMBER 9, 2002 Mr. MacDonell advised that this is an extension of their rezoning to have this property used as a dual use of residential and commercial which fits in with the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3138 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN, 105 LOTS LOCATED ON APPROXIMATELY 56 ACRES NORTH OF BRICK ROAD, AND WEST OF AND ADJACENT TO THE U.S. 31 BYPASS, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which are more particularly described as follows: A part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap labeled "SEC. CORNER "; thence South 89 degrees 49 minutes 49 seconds West, a distance of 2278.97 feet to the east line of the west 160 acres of the south half of said Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land described in Instrument Number 101065, as recorded in the office of said Recorder; thence South 35 degrees 15 minutes 20 seconds West, a distance of 401.95 feet; thence South 2 degrees 36 minutes 09 seconds West, a distance of 256.87 feet; thence South 85 degrees 31 minutes 45 seconds West, a distance of 199.30 feet to the southeast corner of land described in Instrument Number 8717366, as recorded in the office of said Recorder; thence along the east line of said land, North 0 degrees 15 minutes 44 seconds East, a distance of 181.22 feet; thence along the north line of said land, North 89 degrees 48 minutes 51 seconds West, a distance of 323.58 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 500.00 feet; thence North 89 degrees 57 minutes 04 seconds West, a distance of 2.00 feet; thence North 0 degrees 03 minutes 20 seconds West, a distance of 100.00 feet; thence South 89 degrees 57 minutes 04 seconds East, a distance of 2.00 feet; thence North 0 degrees 03 minutes -13- REGULAR MEETING DECEMBER 9, 2002 20 seconds West, a distance of 800.00 feet to the southwest corner of Lot "A" as depicted in the replat of Righter's Orange Road Minor Subdivision, described in Instrument Number 8525803, as recorded in the office of said Recorder; thence along the south line of said Lot "A ", North 89 degrees 50 minutes 13 seconds East, a distance of 100.00 feet; thence along the east line of said Lot "A ", North 0 degrees 03 minutes 20 seconds West, a distance of 292.71 feet to the point of curvature of a non - tangent curve, being the northerly right -of -way of Orange Road, concave to the North, having a radius of 295.00 feet, a central angle of 22 degrees 31 minutes 44 seconds, and a chord of 115.25 feet bearing North 64 degrees 12 minutes 33 seconds East; thence East along said northerly right -of -way curve, a distance of 115.99 feet; thence South 0 degrees 11 minutes 04 seconds East, a distance of 119.25 feet to the southwest corner of Lot 1 of Bogue's Major Subdivision, described in Instrument Number 8932797, as recorded in the office of said Recorder and the northwest corner of land described in Instrument Number 9331954, as recorded in the office of said Recorder; thence along the boundary of said land the next two (2) courses; (1) South 26 degrees 45 minutes 04 seconds East, a distance of 66.96 feet; (2) thence North 89 degrees 49 minutes 49 seconds East, a distance of 556.25 feet to east line of the west 160 acres of the south half of said Section 18 and the POINT OF BEGINNING. and which has Key Numbers 04 -1010 -0176 and 25- 1010 -0177, be designated as a Residentially Distressed 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 a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1- 12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented -14- 1 1 REGULAR MEETING DECEMBER 9, 2002 by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Ms. Marcia Adelman, representing Cooreman Real Estate, 24545 Brick Road, South Bend, Indiana, made the presentation for this Resolution. Ms. Adelman advised that the Villas at Lake Blackthorn will consist of approximately one hundred fourteen (114) new single family homes situated around a ten (10) acre lake. The homes will average approximately eighteen hundred (1,800) square feet with values of approximately one hundred seventy -five thousand ($175,000.00) to three hundred thousand ($300,000.00) plus. The project site is adjacent to the Blackthorn Corporate Park providing convenient and quality housing for the growing employee population in the area. When it is fully built out and after the abatement period, this project should generate approximately four hundred sixty five thousand ($465,000.00) a year in tax revenues. 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 Aranowski 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 nine (9) ayes. -15- REGULAR MEETING DECEMBER 9, 2002 RESOLUTION NO. 3139 -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 1850 NORTH SHERIDAN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR EDISON LAKE VIEW ASSOCIATES AND ADVANTAGE PUCK TECHNOLOGIES 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 1850 N. Sheridan Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel 1 - Tax Key Number 18 -2184- 693808 - South part Lot 9 -A, Sec. 33 -38 -2E Parcel 2 - Tax Key Number 25- 1006 - 029901 - SW 1 -4 of the NE 1 -4, Sec. 33 -38 -2E 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. se . 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. sea., and South Bend Municipal Code Sections 2 -76, et sea., 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. 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 or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; -16- 1 1 REGULAR MEETING DECEMBER 9, 2002 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 Councilmember King reported that the Community and Economic Development Committee held a Public Hearing this afternoon and voted unanimously to send this Resolution to the Council with a favorable recommendation. Mr. Dan Ceglia, Chief Operating Officer, Advantage Puck Technologies, no address given, made the presentation for this Resolution. Mr. Ceglia advised that Advantage Puck Technologies is a manufacturer of injection molded plastic pieces used to hold various size metal, glass and plastic containers used primarily in the cosmetics industry. The plastic holders are designed to stabilize the containers during labeling, filling, and/or capping processes. Advantage Puck is currently in the process of purchasing the former Canteen Services building located on North Sheridan Avenue. The building will be completely renovated and a ten thousand (10,000) square foot addition will be constructed. The total cost of the building addition is estimated at two hundred seventy thousand ($270,000.00). In addition to the building expansion project, Advantage Puck will expand its production capabilities with the purchase and/or lease of two (2) to three (3) new injection molding machines, new grinders, lathes and mills. The total cost for the new equipment is estimated at two hundred fifty thousand ($250,000.00) which makes the total project cost approximately five hundred twenty thousand ($520,000.00) not including the acquisition or renovation of the existing building. Mr. Ceglia displayed the various sizes of pucks that are utilized in this operation. -17- REGULAR MEETING DECEMBER 9, 2002 A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Aranowski welcomed this new business to the 1 st District and 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 nine (9) ayes. RESOLUTION NO. 3140 -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 1850 NORTH SHERIDAN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR ADVANTAGE PUCK TECHNOLOGIES WHEREAS, a petition for personal property tax abatement consideration 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 1850 N. Sheridan Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel 1 - Tax Key Number 18- 2184 - 693808 - South Part Lot 9 -A, Sec. 33 -38 -2E Parcel 2 - Tax Key Number 25 -1006- 029901 - SE 1 -4 of the NE 1 -4, Sec. 33 -38 -2E be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. seq., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; REGULAR MEETING DECEMBER 9, 2002 That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Mr. Dan Ceglia, Chief Operating Officer, Advantage Puck Technologies, no address given, made the presentation for this Resolution. Mr. Ceglia indicated that this Resolution pertains to the property relative to the presses they will be acquiring. He noted that they have a complete machine and tool shop. He noted that they manufacture the molds that manufacture the pucks. A Public Hearing was held on the Resolution at this time. There was 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 nine (9) ayes. -19- REGULAR MEETING DECEMBER 9, 2002 RESOLUTION NO. 3141 -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 ENVIRONMENTAL PROTECTION AGENCY FOR A REVOLVING LOAN FUND GRANT, AN ASSESSMENT GRANT AND THREE REMEDIATION GRANTS WHEREAS, the United States Environmental Protection Agency has financial assistance for brownfield revitalization, including grants for assessment, cleanup and establishing revolving loan funds; and WHEREAS, the Environmental Protection Agency has provided a format whereby the City of South Bend can submit an Initial Proposal including requests for several different grants; and WHEREAS, the Initial Proposal will be reviewed by the Environmental Protection Agency and, following that review, the City of South Bend may be requested to submit a Final Proposal for funds for assessment, cleanup and establishing a revolving loan fund; and WHEREAS, the City of South Bend intends to request a $200,000 Assessment Grant, a $500,000 Revolving Loan Fund Grant and three Cleanup Grants at a maximum of $200,000 each in the Initial Proposal; and WHEREAS, the Mayor is the Chief Executive Officer of the City and is the appropriate applicant for the Environmental Protection Agency Grants. 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 (a) to submit an Initial Proposal to the United States Environmental Protection Agency for a $200,000 Assessment Grant, a $500,000 Revolving Loan Fund Grant and three Cleanup Grants at a maximum of $200,000 each, (b) to submit a final application for any of these grants that the Environmental Protection Agency requests and (c) to execute all documents related to any grants awarded. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Initial Proposal submitted to the United States Environmental Protection Agency. 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 funds received from the United States Environmental Protection Agency. 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 Assessment Grant, Cleanup Grants and Revolving Loan Fund Grant awarded under this application. SECTION V. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee held -20- REGULAR MEETING DECEMBER 9, 2002 a Public Hearing this afternoon and voted unanimously to send this bill to the full Council with a favorable recommendation. Ms. Ann Kolata, Offices at 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Kolata advised that this Resolution authorizes the Mayor to submit an initial proposal to the EPA for approximately $1.2 million dollars worth of grants. She noted that the EPA has $100 million dollars available this year for three (3) different types of grant opportunities. The City is choosing to apply for all three (3) types and on the remediation grant to apply for three (3) separate grants within that category. The initial proposal indicates basic qualifications and the reason why the City should receive funds. If selected for any or all of those to go forward, the City will then submit a more detailed application. This Resolution would also authorize that application as well. Ms. Kolata noted that the City will be asking for five hundred thousand dollars ($500,000.00) to establish a revolving loan fund for remediation, two hundred thousand dollars ($200,000.00) for assessment grant monies that would be made available on a City wide basis and three (3) two hundred thousand dollar ($200,000.00) grants for clean up. This is the maximum that can be applied for. Some of the projects for which funds are sought include the stamping plant on South Franklin Street, the interior of the Boiler House at Oliver and remediation at LaSalle Park and Beck's Lake. These are all part of the EPA Brownfield Program that was recently enacted earlier this year, and to which there is $100 million available. She noted that should the City qualify for funding, it is likely that those funds would not be received until November of next year. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3142 -02 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS FROM THE WATER WORKS GENERAL FUND ( #620) TO THE WATER WORKS LEAK INSURANCE FUND ( #644) WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA WHEREAS, it is necessary to provide funds for the Water Works Leak Insurance Fund No. 644, in order to meet the current operating expenses; and WHEREAS, there are idle funds on deposit to the credit of the Water Works' General Fund No. 620, which can be temporarily advanced or transferred to the aforementioned fund; and WHEREAS, Indiana Code 36 -1 -8 -4 authorizes the Common Council of the City of South Bend, by Resolution adopted by such Council, to advance and transfer to a depleted fund from any other such fund, such amount and for such a period of time as may be prescribed in the Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City Controller of the City of South Bend is authorized to transfer an aggregate amount not to exceed $200,000 from the Water Works General Fund No. 620 to the Water Works Leak Insurance Fund No. 644. Any such transfers must be repaid by December 31, 2003. -21- REGULAR MEETING DECEMBER 9, 2002 FROM MAXIMUM TO Water Works General Fund No. 620 $200,000 Water Works Leak Insurance Fund No. 644 Section II. Such transfer shall be made for a period of time not to extend beyond December 31, 2003, and any funds so transferred shall be returned and repaid to the Water Works General Fund No. 620. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met this afternoon and sends this Resolution to the Council with a favorable recommendation. Mr. John Stancati, Director, South Bend Water Works, Offices at 209 North Main Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Stancati advised that this bill requests the transfer of funds from the Water Works General Fund into the Leak Insurance Fund in order to cover a year end shortfall. The shortfall is due to the increased number of service leaks as well as the additional cost due to the larger cuts that are required to improve street repairs. This transfer of funds will also provide the Water Works with another year to review the Water Leak Program in hopes that a rate increase can be avoided. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3143 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING EARLY REDEMPTION OF PARKING FACILITIES BONDS, SERIES 1978 AND TRANSFERRING BOND RESERVE PROCEEDS TO FUND NUMBER 601, PARKING GARAGE - MAIN AND ST. JOSEPH WHEREAS, the City of South Bend, Indiana through the Parking Facilities of South Bend, Inc., issued bonds in 1978 for the purpose of constructing a new parking garage in the City of South Bend; and WHEREAS, the parking facility's bonds, Series 1978 are redeemable by the terms of their indenture on January 1, 2008; and WHEREAS, early payment of the South Bend Parking Facilities Bonds, Series 1978 will result in a savings to the City of around $200,000.00 in interest and other costs; and WHEREAS, the bond issuer, J.P. Morgan Trust Company, has on deposit in a sinking fund the full amount of funds necessary to pay all bond holders of record as of January 15, 2003, the full bond principal with accrued interest and after such payment, an excess of about $200,000.00 will be on deposit with J.P. Morgan Trust; and -22- REGULAR MEETING DECEMBER 9, 2002 WHEREAS, the J.P. Morgan Trust Company sinking fund bond excess of about $200,000.00 should be transferred to City of South Bend Account Number 601 - Parking Garage Main and St. Joseph Street, South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. The early retirement and redemption on January 15, 2003 of the South Bend Parking Facilities Bonds, Series 1978, is hereby approved. Section II. All funds remaining in J.P. Morgan Trust Company sinking bond fund pertaining to the Parking Facility Bonds, Series 1978, after payment of principal and accrued interest to all bond holders of record as of the January 15, 2003 date of redemption shall be transferred and deposited into City of South Bend Fund Number 601, Parking Garage - Main and St. Joseph Street. Section III. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s /Ronald Kelly Member, South Bend Common Council Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Rick 011ett, Controller, City of South Bend, Offices on the 14th Floor of the County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett informed the Council that in 1978 the City issued bonds to construct a new parking garage at Main and St. Joseph Streets. These bonds have a final maturity of January 1, 2008 and at this time the City would like to retire those bonds early. This will save approximately two hundred thousand dollars ($200,000.00) in interest over that period of time. Additionally, using the funds not used to redeem the bonds of approximately two hundred thousand dollars ($200,000.00) will be returned to Fund #601 - Parking Garage - Main and St. Joseph Streets, for repairs that are needed. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 101 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. BETWEEN MAIN STREET AND LAFAYETTE STREET & ALSO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET RUNNING BETWEEN JEFFERSON BLVD. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF JEFFERSON BLVD. -23- REGULAR MEETING DECEMBER 9, 2002 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 January 13, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; PETITION OF JUSTINE DEMAEGT, OWNER, AND CLELAND HOMES, INC., CONTINGENT PURCHASER, TO ANNEX PROPERTY BOUNDED ON THE NORTH BY BRICK ROAD, ON THE SOUTH BY THE SOUTH BEND CITY LIMITS, ON THE WEST BY THE HARTMAN AND DEMAEGT SUBDIVISION AND ON THE EAST BY THE HARVEST POINTE SUBDIVISION This bill had first reading. Councilmember Varner made a motion that this bill be set for Second Reading and Public Hearing on January 27, 2003 and Third Reading on February 10, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 103 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3511 LINCOLN WAY 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 nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JIM CIERZNIAK REGARDING THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, indicated that because of the announcement today by Lieutenant Governor Joe Kernan that he is not running for the office of Governor, the City can forget about keeping the College Football Hall of Fame operating for political purposes. He noted that it would have been embarrassing to Mr. Kernan had the Hall been closed as he was nearing a campaign for Governor. Mr. Cierzniak stated that there is now no reason why the Council cannot rethink what can be done with the Hall of Fame. He noted that the Hall requires $1.4 million in bond payments every year and sends seven hundred thousand dollars ($700,000.00) in tax money each year to New Jersey. He further noted that this money could be used for other purposes and the Council should -24- 1 �l u REGULAR MEETING DECEMBER 9, 2002 be giving the Hall some serious thinking. Elections for Councilmembers are coming up next year and the Hall of Fame should be one of the top three (3) issues. Mr. Ciermiak suggested that since Century Center would like to expand, perhaps they could be expanded into that facility. A MERRY CHRISTMAS AND HAPPY HANUKKAH Council President Kelly wished everyone a very Merry Christmas and a Happy Hanukkah. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 8:10 p.m. ATTEST: Lore tt . Du y, City Jerk -25- ATTEST: Roland Kelly, President