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HomeMy WebLinkAbout01-08-01 Council Meeting MinutesREGULAR MEETING JANUARY 8, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, January 8, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Roland Kelly 1s' District Vice - President 2nd District President 4th District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large 3rd 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 December 18, 2000 and January 1, 2001 meetings of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s /David Varner Councilmember Coleman made a motion that the minutes of the December 18, 2000 and January 1, 2001 meetings of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REAPPOINTMENT OF MARCIA JONES TO REDEVELOPMENT COMMISSION Councilmember King made a motion to reappoint Ms. Marcia Jones as the Council appointment to the Redevelopment Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. APPOINTMENT OF KARL KING TO THE AREA PLAN COMMISSION Councilmember Aranowski made a motion to appoint Councilmember Karl King as the Council representative on the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) 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 eight (8) ayes. Chairman Ujdak presiding. BILL NO. 120 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDES OF THE 700 BLOCK OF PENNSYLVANIA AVENUE AND AN AREA BOUNDED BY MARIETTA STREET TO THE EAST, WENGER STREET TO THE NORTH, RUSH STREET TO THE WEST, AND PENNSYLVANIA AVENUE TO THE SOUTH, ALL WITHIN SOUTH BEND, INDIANA REGULAR MEETING JANUARY 8, 2001 Councilmember Varner reported that the Zoning and Annexation Committee met this afternoon on this bill and because of the lack of a quorum, sends it to the Council with no recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from `B" Residential, "A" and `B" Height and Area to "A" Residential, "A" Height and Area to allow single - family dwelling units. Mr. Byorni noted that the property currently contains single family homes and vacant land. Access to the site is from Wenger Street, Marietta Street, Rush Street, and Pennsylvania Avenue. The total site to be rezoned is seven (7) acres. Mr. Byorni further noted that a site plan is not required for rezonings to "A" Residential. The proposed down zoning to "A" Residential "A" Height and Area would restrict development to single family uses in an effort to protect and maintain the newly redeveloped neighborhood. Mr. Byorni further noted that the Area Plan Commission conducted a Public Hearing on this matter on December 19, 2000 and sent this petition to the Council with a favorable recommendation. Mr. Derek Spier, Abonmarche Consulting, 750 Lincolnway East, South Bend, Indiana, made the presentation for this petition. Mr. Spier advised that this request is to rezone a seven (7) acre site from `B" Residential to "A" Residential for single family detached residential housing which will complete a redevelopment process that started in 1998 with the development of this new residential area. Mr. Spier noted that seventeen (17) of the thirty -three (33) lots in the area are now occupied with new homeowners. This rezoning will restrict the use of these houses to single family, will prevent residential duplexes and multi -unit residential housing, and will insure stability in the neighborhood. 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 eight (8) ayes. BILL NO. 121 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3553 ARDMORE TRAIL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Varner reported that the Zoning & Annexation Committee met on this bill this afternoon and due to the lack of a quorum it is being sent to the Council with no recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" and "C -2" Commercial, "D" Height and Area to "A" Residential, "F" Height and Area to allow a church and accessory uses. Mr. Byorni noted that the property is currently vacant land. Access to the site is from both Ardmore Trail and Prast Boulevard. The total site to be rezoned is eight (8) acres. It is noted that a site plan is not required for rezonings to "A" Residential. The proposed rezoning represents a down zoning and will be more compatible with the residential housing area to the north than the commercial uses that could be developed under the existing zoning. There are no public wells or flood hazards on this property but there is a wetland located on the property and a confirmed contamination site is located to the south of the site. Mr. Byorni further noted that the Area Plan Commission held a REGULAR MEETING JANUARY 8.2001 Public Hearing on December 19, 2000 and sent this petition to the Council with a favorable recommendation. Mr. Gregory A. Kil, 1126 Lincolnway East, South Bend, Indiana, made the presentation for this rezoning on behalf of the River of Life congregation. Mr. Kil informed the Council that this rezoning will allow church use for a sanctuary, fellowship space, offices, day care and classroom spaces. The property is zoned "C" and "C2" of which the "C2" zoning is on the east half where the building will be located. Because it was zoned to a site plan they have to rezone in order to provide compatible zoning for a church use. He stated that the rezoning will be an appropriate reuse of this parcel. Additionally, a parking variance was approved pending the rezoning for some shared parking use with the space to the east which is the LaSalle Square. 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 White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 122 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1733 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote. Councilmember Varner reported that the Zoning & Annexation Committee met on this bill this afternoon and due to the lack of a quorum, sends it to the Council with no recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" and "E" Height and Area to allow an existing restaurant and billboard and an unmanned utility sub - station tower. Mr. Byorni noted that the property currently contains a restaurant and a billboard. Access to the site is from South Bend Avenue (S.R. 23). The total site to be rezoned is one (1) acre. Of that, buildings will occupy fourteen per cent (14 %) of the site, parking and drives will occupy seventy -four per cent (74 %) of the site and twelve per cent (12 %) of the site will remain as open space. The site plan is preliminary. He further noted that the Area Plan Commission held a Public Hearing on December 19, 2000 and sent this petition to the Council with a favorable recommendation subject to a final site plan. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. He advised that Mr. Charlie Hayes, the contingent purchaser, was also present this evening. Mr. Feeney informed the Council that this property is located on the westerly side of State Road 23. He noted that Mr. Hayes is asking that his property be rezoned from "C" Commercial to "C" Commercial `B" Height and Area as he proposes to use a tract of land in the rear corner of the property which will support a single tower. The tower will be erected on the property along with all of the small buildings that are necessary to support the equipment that goes along with this operation. Mr. Feeney further noted that Mr. Hayes operates a number of towers throughout St. Joseph County as well as in the City of South Bend and the City of Mishawaka and almost all of REGULAR MEETING JANUARY 8, 2001 these are co- location towers which are towers which support a number of users. These towers can support up to eight (8) users whereas in the past properties have been rezoned for use as a single source user. Mr. Charles Hayes, President, Charles S. Hayes, Inc., 814 Marietta Street, South Bend, Indiana, handed out to the Council a map showing the location of his towers located in St. Joseph County. He noted that they are attempting to build a grid of towers and the proposed tower fills in an important part of the grid. The other handout explained the purpose of co- location which is to get multiple users on towers. He noted that he has been very successful in accomplishing that in the area. and many of the towers already have five (5) and six (6) carriers on them. He noted that they could build a tower in any area zoned "C" Commercial but they chose to go this route because they believe it is a better location for the tower. 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 the full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 45-00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3020 BUCKINGHAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill at the request of the petitioner. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 99 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to continue this bill until January 22, 2001 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 102 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ECLIPSE PLACE FROM THE NORTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 30 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY WEST OF KLLEY STREET FROM THE NORTH R/W OF MARQUETTE BLVD. TO THE SOUTH R/W OF HAMILTON STREET FOR A 1 1 1 REGULAR MEETING JANUARY 8, 2001 DISTANCE OF 739.2 FEET AND A WIDTH OF 14 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Aranowski made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) 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. Mr. Joseph M. Pietrzak, Public Land Surveyor, 24891 Kern Road, South Bend, Indiana, made the presentation for this petition on behalf of Rev. Charles King of St. Matthews Church. He noted that the portion of Eclipse Street and the alley which are being proposed for vacation are currently unimproved and only used for illegal dumping and their closing will not be injurious to the public. He further noted that St. Matthews Church would like to develop this site as a church and a youth center. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council in favor of this bill. Mr. Anthony Saunders, 1017 North O'Brien, South Bend, Indiana, advised the Council that he owns five (5) adjacent lots, Lots #451 through #455, located between Hamilton and Marquette Streets, east of Eclipse. He stated that he cannot support this bill as it will create a landlock. He noted that he purchased the land from the City as an investment and this vacation will ruin the value of his property and deny access to his land. Mr. William H. Reese, 15823 North Michigan Road, Argos, Indiana, informed the Council that he purchased Lot #481 and is concerned about the landlock situation that could be created. He noted that he purchased the lot for investment purposes and concurs with Mr. Saunders concerns. There was no one else present wishing to speak in opposition to this bill. Council Attorney Kathleen Cekanski - Farrand advised that in light of the revised map that is being considered, the properties mentioned by these two (2) property owners would not be landlocked. Councilmember Uj dak noted that there was an arrangement worked out whereby the alley vacation is only going to occur between Lots #464 to the middle of #459. An alley will then be constructed so nothing will be landlocked and everything will be accessible to an alley that will split one of the lots and then connect. Mr. Pietrzak noted that the original petition was amended to show that Eclipse from the north one- half of Lot 459 to Hamilton Street will not be vacated. A portion of the north one -half of Lot 459 is going to be set aside as a twenty (20) foot wide alley which will be able to handle traffic flow. Councilmember White 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 eight (8) ayes. BILL NO. 130 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW CERTAIN TYPES OF MANUFACTURING RETAILERS IN THE "A -3" MIXED USE MULTIFAMILY RESIDENTIAL AND COMMERCIAL DISTRICT REGULAR MEETING JANUARY 8, 2001 Councilmember Varner reported that the Zoning & Annexation Committee met on this bill this afternoon and because of the lack of a quorum, sends this bill to the Council with no recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this Area Plan initiated bill. Mr. Byorni indicated that this bill will amend Chapter 21 of the South Bend Municipal Code to allow certain types of manufacturing retailers as special exceptions in the "A -3" Mixed Use Multifamily Residential and Commercial District. The Area Plan Commission conducted a Public Hearing of this bill on December 19, 2000 and sent this bill to the Council with a favorable recommendation. The types of uses that would be allowed by this amendment would further the City's goal of making the downtown and East Bank area a regional entertainment and tourist center. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 133 -00 PUBLIC HEARING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS Councilmember Coleman made a motion to continue this bill until the February 12, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) 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 eight (8) ayes. ATTES oretta da, ity Clerk Chairperson Committee o the Whole 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 7:35 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. ORDINANCE NO. 9185 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH AND AT THE SAME TIME RESCINDING ORDINANCE NO. 9111 -00, PETITION OF SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH 1 1 REGULAR MEETING JANUARY 8, 2001 This bill had third reading. Councilmember Uj dak made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Ujdak seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9186 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ALONG THE NORTH AND SOUTH SIDES OF THE 700 BLOCK OF PENNSYLVANIA AVENUE AND AN AREA BOUNDED BY MARIETTA STREET TO THE EAST, WENGER STREET TO THE NORTH, RUSH STREET TO THE WEST, AND PENNSYLVANIA AVENUE TO THE SOUTH, ALL WITHIN 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 eight(8)ayes. ORDINANCE NO. 9187 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3553 ARDMORE TRAIL IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9188 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1733 SOUTH BEND AVENUE 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 Aranowski seconded the motion which carried by a voice vote of eight (8) 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 eight (8) ayes. ORDINANCE NO. 9189 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF ECLIPSE PLACE BEGINNING AT THE SOUTH LOT LINE OF LOT 464 AND CONTINUING NORTH TO A POINT 20 FEET NORTH OF THE NORTH EAST LINE OF LOT 460 FOR A DISTANCE OF 200 FEET, BEING A PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH RIGHT OF WAY LINE OF MARQUETTE BLVD. TO A POINT 20 FEET SOUTH OF THE NORTH LOT LINE OF LOT 459 FOR A DISTANCE OF 260 FEET, BEING A PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING JANUARY 8.2001 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 eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9190 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW CERTAIN TYPES OF MANUFACTURING RETAILERS IN THE "A -3" MIXED USE MULTIFAMILY RESIDENTIAL AND COMMERCIAL DISTRICT Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 2960 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 759 WEST CHIPPEWA AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PLASTIC SOLUTIONS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 759 West Chippewa Avenue and which is more particularly described as follows: PARCEL I: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37' 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2 ,649.08 feet to the Southwest corner of the Southeast Quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00'00" East 178.42 feet to the Point of Be inning of this tract of land; thence North 0 degrees 2707" East 752.87 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 27'07" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39" East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23'21 " East 40.00 feet; thence South 89 degrees 36' 39" East parallel to the North line of said Southeast Quarter 80 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence South 89 degrees 36' 39" East along I. I REGULAR MEETING JANUARY 8.2001 said North line 1656.99 feet to the Northeast corner of said Southeast Quarter; thence South 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36'06" East 17.10 feet to the Westerly right of way of the Conrail Railroad; thence along said right of way line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by along chord having a bearing of South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right of way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence South 90 degrees 00' 00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II: A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel I), across, through, over and under "Plant 8" and the "Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984 by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the South line of said Northeast Quarter 680 feet West of the Southeast corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. and which has Key Number 18- 8020 -0837, 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 Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption REGULAR MEETING JANUARY 8, 2001 by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Bob Tennyson, CEO, 759 West Chippewa Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Tennyson indicated that they plan to invest a couple of millions of dollars to expand their production capabilities which will allow them to maintain their competitiveness as the area slowly changes with the advent of the H2 plant in Mishawaka. He noted that they are going to have to develop more sophisticated manufacturing techniques. 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 eight (8) ayes. RESOLUTION NO. 2961 -01 AN INDUCEMENT RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA (GOODWILL INDUSTRIES OF MICHIANA, INC., PROJECT) (1805 WESTERN AVENUE AND 1904 -1906 IRELAND ROAD) A RESOLUTION approving the findings of the South Bend Economic Development Commission with respect to the issuance of revenue bonds in the approximate amount of Two Million and 00 /100 Dollars ($2,000,000.00) for the financing of certain economic development facilities to be undertaken by Goodwill Industries ofMichiana, Inc., and authorizing and committing the City of South Bend, Indiana, to proceed with such project, subject to final action by this Common Council with respect to the terms and conditions of such financing. WHEREAS, the City of South Bend, Indiana (the "City "), is authorized by IC 36 -7 -11.9 and IC 36 -7 -12 (the "Act ") to issue revenue bonds for the purpose of financing the acquisition, installation, construction and equipping of economic development facilities; and WHEREAS, the City has been advised that there is under consideration a proposal of Goodwill Industries of Michiana, Inc. (the "Company "), to (i) construct an approximately forty thousand (40,000) square foot production and industrial services facility to be located on Western Avenue adjacent to the current Goodwill headquarters and processing plant at 1805 Western Avenue in the City; and (ii) construct an approximately eleven thousand (11,000) square foot new retail store to be located on Ireland Road near Ironwood Road at 1904 -1906 Ireland Road in the City (collectively, the "Project "); and WHEREAS, the Company has proposed that the City issue its revenue bonds under the Act to finance the Project under a financing agreement whereby the proceeds of such bonds would be utilized to construct the Project and the Company would make payments sufficient to pay the principal of, premium, if any, and interest on such bonds; and the Company has further advised the City that a determination by the City to accept such a proposal for financing the Project will constitute a substantial inducement to the Company to proceed with the Project; and WHEREAS, the Company has submitted evidence regarding the adverse competitive effect of the Project on similar facilities already constructed or operating in the City; and WHEREAS, it is estimated that the Project will result in approximately fifty (50) permanent jobs with an estimated total annual payroll, including benefits, of $800,000; and REGULAR MEETING JANUARY 8, 2001 WHEREAS, the South Bend Economic Development Commission (the "Commission ") has rendered a report concerning the proposed financing of economic development facilities for the Company and a certain other project which is not proceeding at this time, which report incorporates findings of fact of the Commission regarding the competitive effect of the Project on similar facilities already constructed or operating in the City; and WHEREAS, the Commission has given its approval to such financing of the Project; and WHEREAS, the issuance and sale of the revenue bonds will not reduce the legal bonding capacity of the City; and WHEREAS, the City is to bear no expense in connection with the issuance and sale of said revenue bonds and all expenses in connection thereto which are incurred by the City shall be reimbursed to the City by the Company; and WHEREAS, the principal and interest payable on said bonds are payable solely from the payments made by the Company to the City pursuant to a loan agreement, and are not payable from funds raised by taxation by the City; and WHEREAS, the issuance of said bonds shall not obligate the full faith and credit for the taxing power of the City; and WHEREAS, subject to required approvals, it appears that the financing of the Project will be of public benefit to the health, prosperity, economic stability and general welfare of the City and its inhabitants; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana: Section 1. This Common Council hereby finds, determines, ratifies and confirms that the Project is desirable to better the health, prosperity, economic stability and general welfare of the City and its inhabitants, that the Project complies with the purposes and provisions of the Act, and that it is in the best interest of the City that it take such action as it lawfully may to encourage the Company to construct the Project. Section 2. This Common Council hereby further finds, determines, ratifies and confirms that the issuance and sale of revenue bonds of the City under the Act, and the use of the net proceeds derived therefrom to finance the construction of the Project, will enable the Project to be constructed and thereby serve the public purposes referred to above in accordance with the Act. Section 3. In order to induce the Company to proceed with the construction of the Project, this Common Council hereby undertakes that: (i) It will authorize and issue one or more series of revenue bonds of the City pursuant to the Act, in the approximate aggregate principal amount of Two Million and 00 /100 Dollars ($2,000,000.00), to finance the costs of the Project, including reimbursement or repayment to the Company for planning, engineering, underwriting and attorney and bond counsel fees, and will enter into a financing agreement to lend the net proceeds of such bonds to the Company to enable the Project to be constructed and repay the loan in installments sufficient to pay the principal of, premium, if any, and interest on such bonds; (ii) It will adopt such ordinances and resolutions and authorize the execution and delivery of such instruments and the taking of such actions as may be necessary or advisable for the authorization, issuance and sale of such bonds; and (iii) It will take or cause to be taken such other actions as may be required to implement the aforesaid or as it may deem appropriate in pursuance thereof, provided that all of the foregoing shall be authorized by law and mutually acceptable to the City and the Company. REGULAR MEETING JANUARY 8.2001 Section 4. It is hereby recognized that the issuance and sale of revenue bonds by the City under the Act for the purposes set forth herein shall be subject to the City's obtaining such approvals as may be required under the Act. Section 5. To the extent permitted by the Act, such changes may be made in the Project as are deemed necessary or desirable, or as may be required in light of then existing regulations or technology, or both, provided that after such changes the Project will continue to constitute economic development facilities within the meaning of the Act and any other applicable laws or regulations. Section 6. The Project will contribute to the creation of permanent job opportunities in the City. Section 7. The evidence submitted by the Company regarding the adverse competitive impact of the Project on similar facilities already constructed or operating in the City, such evidence being embodied in the "Findings of Fact of South Bend Economic Development Commission regarding Goodwill Industries of Michiana, Inc., as "Applicant" attached to the Report of the South Bend Economic Development Commission, establishes that the Project will not have an adverse competitive impact on similar facilities already constructed or operating in the City. Section 8. This Resolution shall be in full force and effect immediately upon compliance with the procedures required by law. 2001. Adopted by the Common Council of the City of South Bend, Indiana, this Stn day of January, By: s /Charlotte Pfeifer Member of the Common Council Councilmember Aranowski reported that the Personnel and Finance Committee met this afternoon on this bill and sends it to the Council with a favorable recommendation. Mr. Kenneth P. Fedder, attorney with the South Bend Economic Development Commission, 205 West Jefferson Boulevard, Suite 606, South Bend, Indiana, made the presentation for this Resolution. Mr. Fedder advised that this Inducement Resolution is for the Goodwill Industries of Michiana, Inc. Project which is a tax exempt transaction to permit them to expand their existing operation in the City. He noted that Goodwill Industries is both a not - for - profit corporation and a tax exempt organization. The proposed projects will take place in two (2) locations. A forty thousand (40,000) square foot production industrial service building will be located on Western Avenue adjacent to the current facility and the remaining project is an eleven thousand (11,000) square foot retail store to be located at 1904 Ireland road. This is a non tax obligation revenue bond of the City of South Bend and there is no liability. He further noted that they are in the early stages of the negotiations for the financing of the project which will be approximately $2.2 million dollars of which two hundred thousand dollars ($200,000.00) will come from private funding. It is anticipated that fifty (50) new jobs will be created with an estimated payroll of eight hundred thousand dollars ($800,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Ujdak made a motion to adopt this Resolution. Coutncilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2962 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE AMENDED FIVE YEAR 1NTERLOCAL AGREEMENT WITH ST. JOSEPH COUNTY FOR EMERGENCY MEDICAL SERVICES REGULAR MEETING JANUARY 8, 2001 WHEREAS, the City of South Bend, Indiana, has a long and successful history of providing emergency medical services to its residents; and WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency medical services to its residents and feels that this can be provided by the City of South Bend; and WHEREAS, I.C. 36 -1 -7, the Interlocal Cooperation Act, authorizes one or more governmental entities to exercise jointly or by one entity on behalf of the other powers that maybe exercised by such units severally; and WHEREAS, in December, 1997, the City of South Bend entered into a five -year Interlocal Agreement for emergency medical services, which called for the parties to amend the payments for the years 2001 and 2002 by agreement; and WHEREAS, the Executives of both the City of South Bend and St. Joseph County have reached an agreement on this payment and have approved the Amended Five Year Interlocal Agreement Concerning EMS Services attached hereto. NOW, THEREFORE AND PURSUANT TO THE AUTHORITY GRANTED BY THE CITY OF SOUTH BEND, INDIANA, UNDER I.C. 36 -1 -7, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: Section I. That the Common Council of the City of South Bend, Indiana has considered and hereby approves and ratifies the Amended Five Year Interlocal Agreement Concerning EMS Services attached hereto. Section II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, Common Council Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Thomas Bodnar, Deputy City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Bodnar stated that three and one half (3 %2) years ago the City of South Bend and St. Joseph County entered into an Agreement whereby the South Bend Fire Department provides paramedic coverage for the unincorporated areas in St. Joseph County. It was done originally under a temporary six (6) month Agreement and since then has been under a five (5) year Agreement. When the Agreement was approved it was realized that they could not project accurately the future expenses and it was built into the Agreement that in the later half of the year 2000 they would incorporate figures to reflect the additional expenses. That is the only change in this document. The increase is three and one -half per cent (3 %) for the year 2001 and three and one -half per cent (3 %) for the year 2002. Mr. Bodnar noted that this arrangement has been working for all parties. 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 Kirsits advised, for the record, that he is employed by the South Bend Fire Department but it has been determined that he does not have a conflict of interest and will be voting on this matter. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. REGULAR MEETING JANUARY 8.2001 RESOLUTION NO. 2963 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEVELOPMENT FINANCE AUTHORITY AN APPLICATION FOR A BROWNFIELDS SITE ASSESSMENT GRANT WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Brownfields Site Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the Indiana Development Finance Authority for a Brownfields Site Assessment Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfields Site Assessment Grant application to be submitted by the Mayor to the Indiana Development Finance Authority. SECTION III. That for every activity, project, 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 Indiana Development Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should it be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. 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 /Charlotte Pfeifer Member of the Common Council Councilmember Coleman made a motion to consider the substitute version of this bill as submitted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Andy Laurent, Economic Development Specialist, Economic Development Division, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Laurent indicated that this Resolution will allow the Mayor to submit an application to the Indiana Development Finance Authority as the City is eligible to apply for fifty thousand dollars ($50,000.00) in grant funds. This amount will likely be split between the Omniplex facility on Elwood Avenue and Studebaker Corridor Area A located south of Sample Street. He further noted that the amount of funds for each project has yet to be determined but the Mayor and the staff will be part of those discussions before the submittal deadline. If awarded, this grant will further the goals of South Bend's Brownfields initiative and that is to return derelict land to productive use. 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 as substituted. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. i 1 REGULAR MEETING BILLS - FIRST READING JANUARY 8, 2001 BILL NO. 1 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOOD PLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS 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 eight (8) ayes. BILL NO. 2 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2001 (GOODWILL INDUSTRIES OF MICHIANA, INC. PROJECT)," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 22, 2001. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 3-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 814 AND 816 N. MAIN STREET, 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 eight (8) ayes. BILL NO. 4-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 S. ST. LOUIS IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 5 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A LOAN FROM THE ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT AND TO LOAN THE PROCEEDS THEREOF TO THE ROBERT BOSCH CORPORATION REGULAR MEETING JANUARY 8, 2001 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on January 22, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL. STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF WHITCOMB & KELLER'S 6TH SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 22, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Councilmember White reminded everyone that on Monday, January 15, 2001 there will be a City wide celebration of Martin Luther King's birthday. She encouraged and invited all to attend the celebration at the Century Center. Councilmember Varner indicated that he has received few complaints about snow removal despite the enormous amounts that we had and on behalf of the Council he would like to thank Mr. Sam Hensley of the Street Department and the entire Department and Public Works for a job well done. President Pfeifer indicated that she will continue to encourage citizens to attend the regular meetings of the Council, held on the second and fourth Mondays of each month, to see how the Council conducts the City's business. PRIVILEGE OF THE FLOOR Mr. Leonard Grummell, owner of a business at 2402 South Main Street, South Bend, Indiana, advised that he would like to speak to the bill regarding the amendment to the City code concerning firearms which was continued until February. He noted that he handed out copies of the Indiana State Constitution and copies of the Indiana Firearms laws. He suggested that the Council take the time to read these laws. He noted that the bill pending is null and void. It was null and void by the Governor in 1994. He stated that the first mistake the City made was in 1994 when they tried to pass a bill to ban firearms. It was struck down by the Governor's veto and the state passed a law which prevented any municipality to pass any gun laws. Mr. Bob Krizmanich, a paramedic with the South Bend Fire Department, working at 308 West Ireland Road, South Bend, Indiana, advised that he would like to mention three (3) things in regards to the firearms bill that was continued this evening. He asked what the Council hopes to accomplish by this bill and if it is just another attempt to keep gun shows out of Century Center and the City and can the Council name one successful case where gun control decreased crime. REGULAR MEETING JANUARY 8, 2001 ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:05 p.m. ATTEST: 4oretta . D a, C' y Clerk ATTEST: Charlotte Pfeifer, Presiden