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HomeMy WebLinkAbout03-12-01 Council Meeting MinutesREGULAR MEETING MARCH 12, 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, March 12, 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 lst District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly Yd District Karl King 4th District David Varner Stn District Andrew Ujdak 6th District Chairperson, Committee of the Whole Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None 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 February 26, 2001 meeting 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 February 26, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS CENSUS 2000 Council President Pfeifer thanked Mr. Larry Magliozzi of the Department of Economic Development and all the community groups that assisted in the very successful census 2000. Ms. Pfeifer noted that the population of South Bend is again now over one hundred thousand (100,000) coming in at about one hundred seven thousand (107,000). RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:01 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 3 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 814 AND 816 N. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING MARCH 12, 2001 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 "A" Residential, "A" Height and Area to "C" Commercial, "F" Height and Area to allow for an employee parking lot. The property currently is vacant. Access to the site is from Main Street. The total site to be rezoned is nine thousand nine hundred (9,900) square feet. Of that, the parking and drives will occupy eighty - nine percent (89 %) of the site and eleven percent (11 %) of the site will remain as open space. The site plan is preliminary. This rezoning would allow an expansion of an existing parking lot which is located to the north and south of this property. Mr. Byorni noted that the Area Plan Commission conducted a Public Hearing on February 20, 2001 and sends this petition to the Council with a favorable recommendation, subject to a final site plan. Mr. Bruce Bancroft, Attorney at Law, Barnes & Thornburg, 600 1St Source Bank Center, 100 North Michigan, South Bend, Indiana, representing the Petitioner, Memorial Hospital of South Bend, made the presentation for this bill. Mr. Bancroft indicated that Memorial Hospital of South Bend, Inc. is requesting this zoning change in order that the property may be used as a parking lot by Memorial Hospital employees. Mr. Bancroft noted that the hospital owns the property on both sides of this parcel. He also advised that the houses that were located on this property were offered to the Historic Preservation Commission and the Park Avenue Neighborhood Association before they were demolished and neither accepted the offer. Councilmember Coleman advised, for the record, that he has a relationship with Memorial Hospital but it does not pose a conflict of interest. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 4-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 S. ST. LOUIS AND 616 E. WASHINGTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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, `B" Height and Area to "PHC" Professional/Health Care to allow for general offices, a fitness center for employees and storage, and record retention supporting their adjacent corporate offices. The property contains a vacant office building and a residential structure. Access to the site is from both Washington Street and St. Louis Boulevard. The total site to be rezoned is twenty five thousand two hundred sixty five (25,265) square feet. Of that, buildings will occupy eighteen per cent (18 %) of the site, the parking and drives will occupy sixty -five per cent (65 %) of the site and seventeen per cent (17 %) of the site will remain as open space. The site plan is preliminary. REGULAR MEETING MARCH 12, 2001 Mr. Byorni noted that the Area Plan Commission conducted a Public Hearing on this bill on February 20, 2001 and sends this petition to the Council with a favorable recommendation subject to a final site plan. The "PHC" Professional/Health Care zoning for this property would create a buffer between the "C" Commercial zoning district located to the south and west and the residential neighborhood to the north and east. Mr. Mike Danch, President, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill, representing Memorial Health Systems, Inc. and Environmental Health Laboratories. Mr. Danch stated that this bill requests the rezoning of two (2) pieces of property at 616 East Washington Street, which is an existing house, and 109 South St. Louis which is the existing medical building. Environmental Health Labs has their corporate office just west of the existing petition site and owns the existing house. They would like to rezone the house for office use. They have also contracted with Memorial Health Systems to buy the existing building which is at the southwest corner of Washington and St. Louis Boulevard. This structure will be renovated and used for office space as well as a fitness center for the employees of Environmental Health Labs and a storage area for their records for their corporate office. The existing house contains approximately two thousand nine hundred (2,900) square feet and the medical building contains approximately five thousand six hundred (5,600) square feet. Access to the site is off of Washington and St. Louis Boulevard. There will be thirty -three (33) parking spaces even though only nineteen (19) are required by ordinance. Drainage will meet all the City requirements and the property is already hooked up to sewer and water. This rezoning will be a good buffer between the existing commercial to the west and south and the residential area and professional offices to the north and east. This being the time heretofore set for the Public Hearing on the above bill, proponents and _ opponents were given an opportunity to be heard. Mr. Jim Larkin, 12042 Covered Wagon Court, South Bend, Indiana, Vice - President of Mass Technology Corporation which does business as Environmental Health Laboratories noted that they are the contingent purchasers of the property at 109 South St. Louis Street and the current owners of the property at 616 East Washington Street. Environmental Health Laboratories analyzes municipal drinking water for more than seven thousand (7,000) cities in the United States and surface water for state and federal governments. They are planning a two hundred thousand ($200,000.00) dollar renovation of the building located at 109 South St. Louis Boulevard. Their intention is to make that their corporate offices. In doing so, they will be able to provide their employees nineteen (19) parking places plus an additional fourteen (14) parking places. This building will facilitate the continued expansion of their business in South Bend. He noted that their main laboratory is located at 110 South Hill Street. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill. Mr. John Byorni informed the Council that at the Area Plan Commission Public Hearing it was indicated that at some point in time the house might be demolished and it would all be a parking lot. Mr. Byorni wanted to make this point in the eventuality that if this happens it will not have to come back before the Council for further action. Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE RAILROAD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER, ADJACENT TO THE ANGELA STREET BRIDGE, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING MARCH 12, 2001 Councilmember Coleman made a motion to continue this bill until the meeting of April 9, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND PROPERTY LOCATED AT 1304 KESSLER PLACE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President and Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian advised that this house is a Craftsman/Arts & Crafts style house which is a mixture of the two different architectural styles which were very popular in the 1920's. The unique part of the house, besides being ranked as a number twelve (12) in ratings which is one below the top, is that it is made out of fieldstone and nothing on the exterior has been changed except two (2) light fixtures that originally were on either side of the front door. Mr. Oxian noted that this house only had two (2) owners that resided in this house. 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. BILL NO. 18 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF DALE AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MILTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE SOUTH RIGHT OF WAY LINE OF DAYTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST EAST/WEST ALLEY NORTH OF MILTON STREET FROM THE EAST RIGHT OF WAY LINE OF DALE AVENUE TO THE SECOND NORTH/SOUTH ALLEY FOR A DISTANCE OF 240 FEET. ALL BEING A PART OF SOUTH EAST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation as amended with said amendment on file with the City Clerk's office. Council Attorney Kathleen Cekanski - Farrand read the proposed amendment into the record as follows: 1 C REGULAR MEETING MARCH 12, 2001 Section V will read as follows: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and shall be subject to the petitioner providing access to its property for a turning radius, if necessary, for utilities who may need to access the vicinity of the "T" alley for maintenance and public service purposes. Councilmember Coleman made a motion to accept the amendment as read. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Craig Hudson, DLZ Indiana, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana, made the presentation for this bill on behalf of the Diocese of Fort Wayne /South Bend and the Cathedral of Saint Matthew. Mr. Hudson informed the Council that the purpose of this vacation is to realize the first phase of improvements for the campus of Saint Matthew Cathedral school to enable expansion of their parking and eventually expansion of their school. He noted that they understand that there is a "T" intersection that will be residual and left with the vacation of the alleys that they are proposing to close. He further noted that they will work with the City Engineer's office to find an acceptable resolution to the condition as read. 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 Varner stated that this is phase one and is a very substantial investment on behalf of Saint Matthew Cathedral in that particular area. He further stated that it is looked upon very favorably by the people in the neighborhood as well as the parishioners and it will be a great shot in the arm to the area. This is a needed and necessary expansion for the school and cathedral which seem to be doing quite well. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill, as amended. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE EXISTING PUBLIC RIGHTS -OF -WAY KNOWN AS WESTERN AVENUE AND COLUMBIA STREET BEING A PART OF THE RECORDED PLAT OF RIVER BEND ADDITION TO THE CITY OF SOUTH BEND ALSO BEING A PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST AND DESCRIBED AS FOLLOWS: ON WESTERN AVENUE, FROM A POINT APPROXIMATELY 650 FEET SOUTHWESTERLY OF JEFFERSON BOULEVARD; THENCE NORTHEASTERLY TO JEFFERSON BOULEVARD; THENCE ALSO ON COLUMBIA STREET FROM A POINT APPROXIMATELY 350 FEET SOUTHEASTERLY OF WESTERN AVENUE; THENCE NORTHWESTERLY TO WESTERN AVENUE Councilmember Varner reported that the Public Works and Property Vacation Committee met on the substitute version of this bill and sends it to the Council with a favorable recommendation and with an amendment which is on file with the City Clerk's office. REGULAR MEETING MARCH 12, 2001 Councilmember White made a motion to consider the substitute version of the bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski- Farrand read the following amendment: Amend Section V as follows: Section V. This ordinance shall be passed by the Common Council and be of full, force and effect, upon a Resolution being filed for Council consideration by the Administration which addresses the progress of the proposed construction related to the redevelopment project. Such Resolution shall further set forth a date certain for the effective date of the vacation of real property addressed in this ordinance, all of which shall be subject to the approval of the Common Council and the Mayor. Councilmember Coleman made a motion to accept the amendment as read. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Cheryl Greene, Attorney to the Redevelopment Commission, which is the Petitioner in this matter, made the presentation for this bill. Ms. Greene informed the Council that the street vacation relates to the Crowe Chizek expansion project and that the amendment is to allow for staging related to the vacation and the construction progress so that traffic will have the least amount of disruption and it can be worked through as the construction progresses. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, advised that the partnership between Crowe Chizek and the City requires some timely transition of traffic in order to go from the one way set of streets that now exist to the two- way arrangement on Wayne and Jefferson as well as various other traffic rearrangements that make this development work. The amendment calls for the Council to ratify the effective date by Resolution and seems to be a good remedy. However, they wanted to fully disclose that the Board of Public Works will need to close the streets to vehicular traffic, will need to remove some pavement, and will need to begin to effect some traffic pattern very early this summer. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bruce Bancroft, Attorney at Law, Barnes & Thornburg, 60015E Source Bank Center, 100 North Michigan, South Bend, Indiana, informed the Council that he represents Crowe Chizek and Company and would like to speak in favor of this bill. He stated that Crowe Chizek has enjoyed marvelous participation with the City from the beginning of this project. This is a very important step in the development of the entire project and he encouraged the Council to adopt this bill. Mr. David Sassano, 1328 East Wayne South, South Bend, Indiana, advised the Council that he is an architect in private practice and is involved in the downtown partnership but is present to offer his own opinion on this matter. Mr. Sassano read a prepared statement regarding support for the closing of the street. He stated that he supports the closing of the streets as it will be the next step in removing the suburbs from the City and returning the City to its rightful place as the urban center of our community. He strongly supports the City's efforts to keep Crowe Chizek at the current location and provide for their expansion. He stated that it is the responsibility of all good city governments to attract and keep good business in the City. There was no one else 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 as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING MARCH 12, 2001 BILL NO. 19-01 PUBLIC HEARING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFORE AND REGARDING CERTAIN RELATED MATTERS Councilmember Aranowski reported that the Public Works and Property Vacation Committee and the Personnel and Finance Committee conducted a joint meeting on this bill and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot indicated that the Lease Agreement is a mechanism that finances the new Public Works Service Center which will be located on 7.8 acres immediately north of the current MSF building. They currently have cramped quarters with the Street Department sharing the space with the Police and Fire Departments. In order to make this first step to open up room in that building they will move the Street Department out of that building along with the traffic division as well as the other portion of Traffic and Lighting from the Equipment Services Building and the Sewer Department so that they are all under one roof in the new Public Works Service Center. That will enable the City to redesign the existing MSF building to serve the needs of the Police and Fire Departments. The Building Corporation will issue bonds which will be repaid out of COIT. The intended term is twenty (20) years with two (2) annual payments of four hundred fifty thousand dollars ($450,000.00). This is an estimate based on a maximum issuance of $10 million dollars. It is hoped that this will be less than that and they will adjust the semi - annual payments and or the term of the repayment period based on the actual experience. The bonds will not be sold until a day or two after the Board of Public Works open bids for this project so they will have a firm price. Councilmember Varner inquired what is the City's COIT allotment for this year. Mr. Gilot stated that the total COIT budget that was appropriated by the Council in the 2001 CIP was $7,559,928.00. Councilmember Varner stated that that was the capital budget for the single year and he clarified that he is interested in what the City's COIT receipts will be. Mr. Gilot stated that COIT starts out with a cash balance of $5 million dollars but he stated that he will get back with that information. At the privilege of the floor portion of the meeting, Mr. Gilot informed the Council that the COIT revenue for 2001, is $4.6 million dollars. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SALARY ORDINANCE NUMBER 9137 -00 FOR A NON - BARGAINING EMPLOYEE OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2001 Councilmember Coleman reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING MARCH 12, 2001 Mr. Clarence Wright, Interim Director, Potawatomi Park Zoo, South Bend Parks and Recreation Department, 321 East Walter Street, South Bend, Indiana, made the presentation for this bill. Mr. Wright advised that this ordinance amends the Salary Ordinance for the General Curator position at the Potawatomi Park Zoo. This position has been vacant since he took over as Interim Director of zoo in June 2000. This bill amends the ordinance to make the salary commensurate with that of General Curators at other zoos of comparable size to Potawatomi Park Zoo. It is anticipated that this increase would make the position more attractive to potential candidates. 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. Councilmember Kelly 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 Kelly seconded the motion which carried by a voice vote of nine (9) a�P� ATTEST: Loretta . ud , City Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:40 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9198 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 814 AND 816 N. MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9199 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 S. ST. LOUIS AND 616 E. WASHINGTON 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted. n J REGULAR MEETING MARCH 12, 2001 Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9200 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND PROPERTY LOCATED AT 1304 KESSLER PLACE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. 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 nine (9) ayes. ORDINANCE NO. 9201 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MILTON STREET TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST NORTH/SOUTH ALLEY EAST OF DALE AVENUE FROM THE SOUTH RIGHT OF WAY LINE OF DAYTON STREET TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 120 FEET; THE FIRST EAST/WEST ALLEY NORTH OF MILTON STREET FROM THE EAST RIGHT OF WAY LINE OF DALE AVENUE TO THE SECOND NORTH/SOUTH ALLEY FOR A DISTANCE OF 240 FEET. ALL BEING A PART OF SOUTH EAST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the amended version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as amended. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9202 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE EXISTING PUBLIC RIGHTS -OF -WAY KNOWN AS WESTERN AVENUE AND COLUMBIA STREET BEING A PART OF THE RECORDED PLAT OF RIVER BEND ADDITION TO THE CITY OF SOUTH BEND ALSO BEING A PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST AND DESCRIBED AS FOLLOWS: ON WESTERN AVENUE, FROM A POINT APPROXIMATELY 650 FEET SOUTHWESTERLY OF JEFFERSON BOULEVARD; THENCE NORTHEASTERLY TO JEFFERSON BOULEVARD; THENCE ALSO ON COLUMBIA STREET FROM A POINT APPROXIMATELY 350 FEET SOUTHEASTERLY OF WESTERN AVENUE; THENCE NORTHWESTERLY TO WESTERN AVENUE This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as amended. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Varner made a motion to pass this bill as REGULAR MEETING MARCH 12, 2001 substituted and amended. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9203 -01 AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW PUBLIC WORKS SERVICE CENTER, PLEDGING COUNTY OPTION INCOME TAX REVENUES TO THE PAYMENT OF RENTALS THEREFORE AND REGARDING CERTAIN RELATED MATTERS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9204 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SALARY ORDINANCE NUMBER 9137 -00 FOR A NON - BARGAINING EMPLOYEE OF THE CITY OF SOUTH BEND FOR THE CALENDAR YEAR 2001 This bill had third reading. 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 nine (9) ayes. D RESOLUTIONS: RESOLUTION NO. 2974 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 321 SOUTH 35TH STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIMOTHY AND RUTH WELDY 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 321 South 35'h Street, South Bend, Indiana, and which are more particularly described as follows: Lot 113A Belmont Addition East 20 feet of Lot 7 Jefferson Acres and which has tax Key Number 18 -5061 -2153 and 18- 5145 - 5371.01, 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 REGULAR MEETING MARCH 12.2001 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 sea., 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 to 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 to 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 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 ofthe 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. REGULAR MEETING MARCH 12, 2001 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 seQ. 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 /Charlotte Pfeifer Member of the Common Council Mr. Michael E. Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution on behalf of Tim and Ruth Weldy. Mr. Urbanski stated that this is another new house in the City for a first time home buyer. He noted that this property is located on the east side of South Bend and they hope to be able to do more building on the east side, land permitting. 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 nine (9) ayes. BILLS - FIRST READING BILL NO. 22-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURE AND REAL PROPERTY LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 26, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.23 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST EDISON ROAD AND THE 3500 BLOCK OF EAST KALE 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24-01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN CHAPTER 2, REGULAR MEETING MARCH 12.2001 ARTICLE 1 ADDRESSING THE COMMON COUNCIL AND AMENDING CHAPTER 2, ARTICLE 5, SECTION 2- 58 ADDRESSING REQUIREMENTS OF ALL BOARDS, COMMISSIONS AND OTHER ENTITIES OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Council Rules Committee and set it for Public Hearing and Third Reading on April 9, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 25 -01 FIRST READING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 2, ARTICLE 6, DIVISION 9, SECTION 2.84.1 OF THE SOUTH BEND MUNICIPAL CODE, BY ADDING THERETO CONSTRUCTION - RELATED CRITERIA AND GUIDELINES FOR PROJECTS BENEFITTED BY TAX ABATEMENT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 26, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS COMMENTS REGARDING BILL 18 -01 Councilmember Varner advised that Saint Matthew's Cathedral, the petitioner to vacate certain rights -of -way, is in Councilmember Kelly's district. Councilmember Varner further stated that his wife is a teacher at St. Matthews and because he was enthused about the project he spoke in favor of this vacation before Councilmember Kelly had an opportunity. Councilmember Varner stated that he is sure Councilmember Kelly is in support of this vacation as he is. Councilmember Kelly agreed. QUESTIONS REGARDING BUDGET - 2001 Councilmember Varner stated that when the budget was adopted there were no provisions for a budget for the College Football Hall of Fame because there was supposed to be an Agreement with the NFF in place soon. It is now over two (2) months into the year and it is his understanding that there is still no agreement in place. He stated that If this goes on for another couple of months, the City is appropriating money without any budgetary restrictions on it. Ms. Cekanski - Farrand advised that Councilmember Ujdak has raised the same issue and she will be meeting with the City Controller this week and will report back to the Council on this matter. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR INTRODUCTION OF BOY SCOUT TROOP - LA SALLE COUNCIL #451 Council President Pfeifer, on behalf of the Council, thanked the Boy Scouts for attending the Council meeting this evening. The troop leader introduced all members who were present. CHRISTMAS IN APRIL Councilmember Ujdak advised that there will be a press conference on March 26, 2001 at 11:00 a.m. concerning the Christmas in April program which will be conducted on the west REGULAR MEETING MARCH 12, 2001 side of the City this year. The press conference will be held at the West Side Partnership Center and at that time there will be an announcement of what neighborhood will be targeted next year. CENSUS 2000 Council President Pfeifer thanked everyone who assisted in the recent Census 2000 noting that the numbers show that the City is continuing to grow. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:00 p.m. ATTEST: ATTEST: L� Y Charlotte Pfeifer, President 1 1 I