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HomeMy WebLinkAbout04-09-01 Council Meeting MinutesREGULAR MEETING APRIL 9, 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, April 9, 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 Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1st District Vice - President 2nd District President 3rd District 4`' District 5th District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the March 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 March 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 ANNOUNCEMENT - CHANGE IN MAY MEETING DATE Council President Pfeifer announced that due to the Memorial Day holiday falling on the second Monday of the month which is the regular meeting date of the Common Council, the Council will conduct their second meeting in May on Tuesday, May 29, 2001 at 7:00 p.m. RESOLUTION NO. 2979 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (SCARBOROUGH DEVELOPMENT ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly on page 11 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 29.05 acres of land together with a house, which property is at least 12.1 % contiguous to the current City limits, REGULAR MEETING APRIL 9, 2001 i.e. approximately 23.8% contiguous, generally located on the south side of Kern Road approximately 1,200 feet West of U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for development of a single - family subdivision and will require a basic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 37 NORTH, AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 36 NORTH, ALL IN RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 2, WHICH IS S. 01 - 13' -22" E., 995.88 FT. (REC. 1000.00 FT.) MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE ALONG THE BOUNDARY OF A PARCEL OF GROUND DESCRIBED BY DOCUMENT NO. 9631733 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE FOR THE NEXT TWO COURSES, N. 89 - 59' -48" E., 925.18 FT. MORE OR LESS AND N. 00 - 48' -29" W., 1020.00 FT. TO THE NORTH LINE OF KERN ROAD; THENCE N. 89 - 44' -09" E. ALONG SAID NORTH LINE, 255.25 FT. MORE OR LESS; THENCE S. 00 - 05' -05" E., 1593.99 FT. MORE OR LESS ALONG THE EAST LINE OF SAID PARCEL DESCRIBED IN DOCUMENT NO. 9631733 AND THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL FOR THE NEXT FOUR COURSES, S. 89 - 10' -04" W., 18.36 FT. MORE 1 11 1 REGULAR MEETING APRIL 9, 2001 OR LESS AND S. 00 - 00' -00" W., 302.18 FT. MORE OR LESS AND S. 89 -48'- 11" W., 1131.53 FT. MORE OR LESS AND N. 01- 13' -22" W., 879.39 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 29.05 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that the capital improvements required to service the annexation area will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, offices located in the Trigon Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this Fiscal Plan is for a voluntary annexation of land on the south side of the City in Centre Township off of Kern Road consisting of approximately twenty -nine (29) acres and containing one (1) residence. The property is zoned "R" Residential in unincorporated St. Joseph County. Mr. Magliozzi noted that various City departments have advised of their capabilities of providing service to the area. Both the Police Department and Fire Department indicated that they could expand their services to service the area. However, in order for the Fire Department to accomplish that, in the short term, they have had to contract with Centre Township to help provide emergency services and fire protection. Water and sewer mains are currently being extended down US 31 and will be available to the site. Mr. Magliozzi submitted replacement pages numbered eight (8) and nine (9) of the Fiscal Plan. He stressed that the City is not going to provide the cost for extension of sewer and water either to or into this particular site as it is the City's determination that the site is close enough to the available facilities and that the developer will be responsible for those extensions once the property is developed. Otherwise, the annexation does meet the criteria of state law. 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. REGULAR MEETING APRIL 9.2001 RESOLUTION NO. 2980 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (BRICK ROAD L.L.C. ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly on page 11 in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 7.5 acres of land together with a vacant farm house and farm related buildings, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 48% contiguous, generally located about on the South side of Brick Road approximately 850 feet East of Mayflower Road in German Township, Indiana. The annexation territory is proposed for development of a Business Park district with a change of zoning from "Residential" to "B.P." upon annexation (subject to requisite approval), and this annexation area will require a basic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING APRIL 9.2001 WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF SAID WEST HALF, S. 00 - 00' -00" W. (ALL BEARINGS ASSUMED), 750.00 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE ALONG SAID LINE FOR THE NEXT TWO COURSES, S. 90 - 00' -00" W., 420.00 FT. MORE OR LESS AND N. 00 - 00' -00" E., 770.00 FT. MORE OR LESS TO THE NORTH RIGHT -OF -WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE COURSES, N. 90 - 00' -00" E. 75.16 FT. MORE OR LESS AND N. 00 - 00' -00' E., 20.00 FT. MORE OR LESS AND N. 90 - 00' -00" E., 162.84 FT. MORE OR LESS AND S. 00 - 00' -00" W., 20.00 FT. MORE OR LESS AND N. 90 - 00' -00" E., 182.00 FT. MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST LINE, S. 00 - 00' -00" W., 20.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 7.50 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that existing water and sewer mains are sufficient to service this area, and that the other capital improvements required to service the annexation area will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, offices located in the Trigon Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi submitted replacement pages numbered eight (8) and nine (9) of the Fiscal Plan. He noted that this is a voluntary annexation. All the City departments were contacted on the ability to provide services to this approximately seven (7) acre site and they have indicated that they can extend and provide services. He noted that the City is not offering to extend sewer or water to the site at the City's cost as the site will be incorporated with a much larger adjacent site which has REGULAR MEETING APRIL 9, 2001 common ownership and that ownership has access to sewer and water located off of Mayflower and Cleveland Roads. Otherwise, this annexation meets all the criteria of state law. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2981 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (MAORI /LAFREE ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 4.44 acres of vacant land, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 12.5% contiguous, generally located on the north side of Juday Creek, about 200 feet of the end of MacErlain Avenue in Clay Township, Indiana. This annexation area will require a basic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: REGULAR MEETING APRIL 9, 2001 Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE S. 90 - 00' -00" W. (ALL BEARINGS ASSUMED) ALONG THE SOUTH LINE OF SAID QUARTER SECTION, 460.00 FT. MORE OR LESS; THENCE N. 00 - 00' -00" E., ALONG THE EAST LINE OF TWO PARCELS OF GROUND KNOWN AS TAX KEY IDENTIFICATION NUMBERS 02 -2023- 054805 AND 02- 2023 - 054813 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 420.00 FT. MORE OR LESS; THENCE N. 90 - 00' -00" E., 460.00 FT. MORE OR LESS TO THE EAST LINE OF SAID SECTION 32; THENCE S. 00 - 00' -00" W. ALONG SAID EAST LINE, 420.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.44 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction , and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that the capital improvements required to service the annexation area will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Division of Community Development, offices located in the Trigon Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi submitted replacement pages numbered eight (8) and nine (9) the Fiscal Plan. He noted that this is a voluntary annexation in Clay Township consisting of over four (4) acres in area. This annexation is unique in that this is a landlocked parcel on Juday Creek and is part of a larger ownership. Mr. Magliozzi further noted that the petitioner could not bring in the entire ownership at once since the contiguity requirements would not have been able to be met. Therefore, the property will be phased into the City and this is the first piece. This piece of property is entirely in REGULAR MEETING APRIL 9, 2001 the Juday Creek Flood Plain area and probably will not be developed. It is part of the larger parcel and therefore there are very minimal services at this stage to provide to the site. Full City services will be addressed at the future annexations. In the interim, the City will be capable of handling whatever health and safety issues may occur on the site between now and the time it is developed. Otherwise, the annexation meets all the requirements of the state law. 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 Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 12 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3200 BLOCK OF ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to accept the second substitute version of this bill for consideration. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioner is requesting a zone change from "C -1" Commercial and "C" Commercial, `B" Height and Area to "C -1 " Commercial, and "C" Commercial, "E" Height and Area to allow office and retail uses. The property currently is vacant land. Mr. Myers noted that access to the site is from Elwood Avenue. Water and sewer are available to the site. The total site to be rezoned is 1.02 acres. Of that, buildings will occupy twenty -one per cent (21 %) of the site, the parking and drives will occupy fifty -two per cent (52 %) of the site and twenty -seven per cent (27 %) of the site will remain as open space. The site plan is preliminary. Mr. Myers further noted that the Area Plan Commission, at its Public Hearing held on March 20, 2001, sent this petition to the Council with a favorable recommendation subject to a final site plan. The land use decision was previously made when it was approved by the Council on March 11, 1991 to rezone to "C" Commercial, "E" Height and Area and "C -1" Commercial, "E' Height and Area for office use only. Therefore, it is the Commission's opinion that shifting the "C" Commercial zoning line to the west and the proposed uses are reasonable for this site. The "C -1" Commercial zoned area was established by the Common Council when it zoned this area in March of 1991 to act as a buffer between the residential area to the west and the "C" Commercial area to the east. Offices were the intended use of the "C -1" area. The current petition, if approved, would result in moving the line to the west but still maintain a significant buffer. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill. Mr. Danch informed the Council that he represents the petitioner, Mr. and Mrs. Albert Mickelson, Il 1 REGULAR MEETING APRIL 9, 2001 owners of the property and the contingent purchaser, Mr. Hank Kubiak of Rino Linings, Inc. Mr. Danch indicated that this property is located on the north side of Elwood Avenue. On the east portion of the property, shown on the site plan as Parcel 1, Mr. Kubiak would like to build a new Rino Linings facility. That facility will encompass approximately five thousand (5,000) square feet, will have a parking area for twenty -one (2 1) spaces and will be hooked up to water and sewer. The west portion, Parcel 2, adjacent to the existing residential area, will be rezoned to "C -1" Commercial which is a limited commercial classification in the City. Proposed for that site is a one (1) story five thousand (5,000) square foot office building. That building will be approximately thirteen (13) feet off of the west line of where the residential properties are located The site plan indicates twenty -five (25) parking spaces which is in excess of what is required. There will be one (1) access point for both of these uses out onto Elwood Avenue. From a screening standpoint, on the west side of the property they will be adding board -on -board wood fencing to add additional screening even though it is not required by the ordinance. That will allow a buffer between the residential district and the commercial district. Both sites will be serviced by sewer and water and they will meet all the drainage standards for the City by using dry wells. 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 board -on -board fencing is the most effective but is not the most attractive. Mr. Danch stated that the owners would have no problem in using some evergreen landscaping material as well. He noted that they would put the wood fence toward the interior portion of the property with the landscaping toward the residential. Councilmember Coleman stated that he wanted to make sure that this information was made part of what the Council is asking for in supporting this bill. Council Attorney Kathleen Cekanski Farrand stated that the Council could make this concern "of record" and send it vis a vis the City Clerk's office to the Area Plan Commission. Councilmember Aranowski stated that with the growth of the area, he has heard from residents who have complained that Elwood Avenue is being used as a shortcut. He asked Mr. Gary Gilot, Public Works Director, to conduct a study of this area as Elwood was not designed for the heavy traffic that they have been experiencing. Councilmember Coleman made a motion to send the second substitute version of this bill to the full Council with a favorable recommendation subject to a final site plan that will include board -on- board fencing to the west and landscaping treatment to the west of the board -on -board fence. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH 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. Mr. Jeff Myers, Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from `B" Residential, `B" REGULAR MEETING APRIL 9.2001 Height and Area to "O" Office to allow an office use. The property currently contains a duplex. Access to the site is from 26th Street. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is sixteen thousand three hundred sixty -three (16,363) square feet. Of that, the buildings will occupy ten per cent (10 %) of the site. Parking and drives will occupy seven per cent (7 %) of the site and eighty -three per cent (83 %) 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. Mr. Myers noted that the City Engineer will require a drainage plan at the final site plan stage. Mr Myers further advised that the Area Plan Commission, at its Public Hearing held on March 20, 2001 sent this petition to the Council with a favorable recommendation. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill. Mr. Danch advised that he represents the petitioners, John and Beverly Leader, owners of the property who would like to take the existing duplex building and convert it to a real estate appraiser's office. In order to do that they need to have at least an "O" office zoning which is a very restrictive type of zoning. He noted that across the street is a high density apartment complex, to the south is the railroad and to the north there are some duplex buildings. The buildings along Jefferson Boulevard and 26th Street are presently being used for doctors offices and various other offices and this rezoning will not be a detriment to this particular neighborhood. Access to the site will be directly off of 26th Street. A parking lot will be located behind the building which is the east portion of the lot. The property is already hooked up to water and sewer and the petitioner will meet all the drainage standards of the City and abide by any screening requirements. 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. 14 -01 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; BRICK ROAD L.L.C., MICHIGAN LIMITED LIABILITY CO., 23260 BRICK ROAD, SOUTH BEND, INDIANA Councilmember White 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. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "R" Residential (County Zoning) to `BP" Business Park District to allow uses permitted in the `BP" Business Park District. The property currently contains a farmstead. Located to the north and east are single - family homes zoned "R" Residential and to the south and west is vacant land zoned `B -P" Business Park. Access REGULAR MEETING APRIL 9, 2001 to the site is from Brick Road. Water and sewer will be available to the site. The draining has not been addressed by the petitioner. The total site to be rezoned is 7.5 acres. A check of the Agency's maps indicates that no flood hazards, wetlands, or environmental hazard areas are present. A public well is located southeast of the site. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on March 20, 2001, sent this petition to the Council with a favorable recommendation subject to a final site plan that shows access to this site from the `BP" zoned property rather than Brick Road. The proposed rezoning to `BP" Business Park would be in keeping with zoning and allowed uses to the south and west. The `BP" Business Park regulations contain extensive screening and setback requirements which were specially designed to protect adjacent residential areas from any negative effects that might be generated by business use. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South bend, Indiana, made the presentation for this bill. Mr. Danch advised that he represents the petitioners, Brick Road L.L.C., who are asking for annexation and rezoning of the homestead property that they own on Brick Road. The homestead is the last portion of the property that was not taken into the City of South Bend when the original annexation was done for their vacant land to the west and to the south of their property. The petitioners would like to annex this land and rezone it to `BP" Business Park District. This is the most restrictive industrial district the City has and requires a one hundred (100) foot set back, or buffer zone, between any `BP" business use and residential areas. The Area Plan Commission asked that the petitioner provide extensive landscaping along the eastern line of this annexation/rezoning which they will do to meet the intent of the `BP" district restrictions. There will be no access onto Brick Road. This area is a part of an overall development that will have access only to Mayflower Road and Cleveland Road. Mr. Danch further noted that the property will most likely be developed with a campus like atmosphere with large lots and probably a few large users. 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 the petitioner will be required to submit site plans for this property. Mr. Danch added that they would also be required to go through a subdivision procedure and have that approved by various entities. Mr. Danch stated that this is an umbrella district of the Airport 2010 which requires design review guidelines so there are procedures to make sure that the proper screening will be put in place. Councilmember Coleman made a motion to send this bill, as substituted, to the full Council with a favorable recommendation with third reading set for May 14, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13 -01 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SCARBOROUGH DEVELOPMENT, C/O DOUGLAS HAMILTON, 20250 KERN ROAD, 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 with the third reading to be held on May 14, 2001. REGULAR MEETING APRIL 9.2001 Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill. Mr. Danch informed the Council that he represents the petitioner, Mr. Douglas Hamilton, Scarborough Development, who would like his property located at 20250 Kern Road to be annexed into the City. It is an L- shaped piece of property that has approximately two hundred fifty (250) feet of frontage on Kern Road and backs up to an existing commercial property that was approved by the Council last year where the Wal Mart store was supposed to be built. At some point in the future there may be a residential development but presently there is only one (1) single family house on the property. 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 that this bill be sent to the full Council favorably and be set for third reading at the May 14, 2001 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15 -01 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, CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,100 BLOCK OF DOUGLAS ROAD, 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. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill. Mr. Danch noted that he represents the petitioners, Mr. and Mrs. Macri and Mr. and Mrs. Lafree who own property at 17,100 block of Douglas Road. The property is presently vacant. The site plan submitted shows the first phase and the first portion of the property that by state law they are allowed to take in. Because of the contiguity rule they can only take in the first 4.4 acres of the property. They will come back to the Council at a later date, after this is annexed, and bring in the rest of the property which fronts out onto Douglas Road. At that point, they may also have a different development in mind for that parcel of ground. It will be hooked up to City water and sewer at the owners expense at a future date. 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 that the substitute version of this bill be sent to the full Council favorably and be set for third reading at the May 14, 2001 meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 9 -01 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, REGULAR MEETING APRIL 9, 2001 AND ADJACENT TO LOT 47, THE 12 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOTS 5 AND 46 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 Coleman made a motion to continue this bill until the April 23, 2001 meeting of the Council at the request of the Petitioner. Councilmember Aranowski 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 Councilmember White made a motion to continue this bill until the May 29, 2001 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 1003 EAST 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. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Oxian informed the Council that this house is located at 1003 East Washington. It is a Queen Anne style house ranked as an S 12 which is the top of the local land marking. He noted that it is a superior style house not only because of the architecture but also because of its historical significance. The house was built in 1898 by Mr. Chauncey Fassett who was involved in the journalistic field. He established the South Bend News, worked for the South Bend Times and later the South Bend Tribune. Mr. Oxian stated that the Historic Preservation Commission recommends that this house be declared a local landmark. 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 Kelly made a motion that this bill be sent to the full Council with a favorable recommendation. Councilmember Varner seconded the motion which carried by a voice vote ofnine (9) ayes. BILL NO. 27-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REGULAR MEETING APRIL 9, 2001 REAL PROPERTY LOCATED AT 1031 E. JEFFERSON AND 123 EDDY, 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, Historic Preservation Commission, Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Oxian noted that this two and one -half (2 %z) story Queen Anne style house is ranked as an S 12. The property also contains a carriage house. The house has historical significance in that the land on which the house was built was at one time owned by John Studebaker. The house was built for Mr. George Witwer who lived in the house until his death. Mr. Witwer was involved in the Studebaker Brothers manufacturing company and with the St. Joseph Loan and Trust Company. The house has both architecture and historical significance and the Historic Preservation Commission recommends that this house and carriage house be designated as a local landmark. 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 that this bill be sent 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. 11 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND LIMITING THE SIZE, SEPARATION DISTANCE, DISPLAY AREA AND HEIGHT OF OUTDOOR ADVERTISING SIGNS Councilmember White reported that this is a substituted bill and that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Therefore, Councilmember White made a motion to a hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers stated that this is a Common Council initiated petition to amend Article 10, Sign Regulations, of Chapter 21, Zoning, of the South Bend Municipal Code by revising and limiting the size, separation distance, display area and height of outdoor advertising signs. The Area Plan Commission, at its Public Hearing held on March 20, 2001, sent this bill to the Council with a favorable recommendation. Ms. Catherine M. Brucker, Assistant Zoning Administrator, St. Joseph County /City of South Bend Building Department, 125 South Lafayette Boulevard, South Bend, Indiana, made the presentation for this bill. Mr. Brucker reminded members of the Council that in August of 2000 an ordinance was approved which changed some regulations concerning outdoor advertising signs. That was a quick fix to an outdated ordinance. Since that time, the Building Department has met with various individuals and i REGULAR MEETING APRIL 9, 2001 entities and proposes the changes being presented at this time. Mr. Brucker noted that the current ordinance indicates that the maximum display area of the billboard shall be one thousand (1,000) square feet. The new ordinance brings that down to six hundred seventy -two (672) square feet. However, it will allow for two hundred (200) square feet of extensions when there may be a piece of the board protruding from the edges of the board. This is for temporary use only. Also, the proposed ordinance will prohibit two tiered, deck or stack signs. Another new change will require that the advertising cover the entire face of the board. The current ordinance indicates that the maximum height of the billboard shall be limited to thirty-five (35) feet. There is also a provision which allows for a fifteen (15) foot extension in that height if an obstruction exists. This language is very vague and leaves the discretion up to the Building Commissioner. The proposed ordinance will allow the petitioner to file with the Board of Zoning Appeals if they wish to exceed that maximum limit. The current ordinance has a seven hundred fifty (750) foot separation distance between boards on the same side of the street. The new ordinance indicates that the minimum distance between the signs shall be seven hundred fifty feet (750) on both sides of the street along the right -of -way. The new ordinance will also allow for a separation distance at intersections where the boards may face different streets. There has been litigation over this and municipalities have lost. With language in the ordinance the City can prohibit signs being stacked on corners. Currently, there is a one hundred foot (100) circumstance separation from a residential district, historic preservation district, public park, residential use, church, school, designated historic landmark or river. That distance has not changed. However, a two hundred (200) foot separation along the same roadway has been added. Finally, the proposed ordinance will allow the separation distance to continue over jurisdictional boundaries. For example, if there is a billboard on the county or city line, that will be taken into consideration when the application is reviewed. Councilmember Varner inquired how the maximum thirty -five (35) foot height requirement is affected when the two hundred (200) square foot extension is factored in. Mr. Don Fozo, Building Commissioner, advised that with an add on, the thirty -five (35) feet would be to the top of the add on. He noted that a lot of add -ons are located to sides or the front. In response to Councilmember Varner's concerns, Mr Fozo stated that this requirement will be explained to individuals seeking a permit. President Pfeifer thanked Mr. Fozo and individuals who have spoken to this issue. She inquired if a billboard owner would have to meet these new requirements when renewing a lease of property on which the current board is situated. Ms. Brucker advised that they would not have to come back in because this ordinance cannot be retroactive. The lease can continue until such time as the owner wishes to not continue with the lease or there is a sale of the property and the new owner does not wish to continue the lease. President Pfeifer asked what mechanism will kick -in so they will now have to modify that sign to the new regulations. Ms. Brucker stated that no mechanism will kick in unless for some reason that board was to be removed. President Pfeifer stated that a mechanism is needed. Mr. Fozo advised that the sign would be a legal non - confirming sign and it does not lose that right. If the lease is broken and the sign removed and another entity wants to come onto that property then the new requirements would apply. But, as long as that sign remains on the property and the lease is renewed, the new requirements would not apply. President Pfeifer stated that it will then become the responsibility of the neighbors to appeal to the owners of the property on which billboards are located not to renew a lease for that particular property. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING APRIL 9, 2001 Mr. Pete Owsianowski, Vice - President and General Manager, Burkhart Advertising, 1335 Mishawaka Avenue, South Bend, Indiana, spoke in support of the changes to the ordinance and thanked the Council and the Building Department for their work on this bill. He stated that he believes it is a good ordinance that will address a lot of concerns. The ordinance does allow for temporary extensions which are a vital part of their business. He noted that none of those extensions go past a few months out of each advertising contract. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion that the substitute version of this bill go to full Council with a favorable recommendation. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24-01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN CHAPTER 2, 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 Council President Pfeifer reported that the Council Rules Committee met on this bill and sends it to the Council with a favorable recommendation as amended. Council President Pfeifer submitted the following friendly amendments: 1. The Mayor's office will also receive and be an information center. 2. Minutes shall be submitted to the information centers in ten (10) days. Minutes will be designated as either "unofficial" when they have not yet been approved and "Official - final version" when they are approved. 3. The name of the current Parks and Recreation Committee shall be changed to Parks, Recreation, Cultural Arts and Entertainment Committee. Councilmember Varner made a motion to accept the amendments. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. President Pfeifer made the presentation for this bill. She noted that the proposed ordinance is the result of the Council's efforts to have better communication with citizens and departments. She noted that the Council continues to work towards having accurate records of appointments to boards and commissions. Additionally, it has been determined that the City Clerk's office and the Mayor's office should be the repository for information such as minutes from the various boards and commissions. Because minutes maybe submitted to these repositories prior to formal approval, they shall be designed as either unofficial or official final minutes. Additionally, the Council wants the names of the standing committees to reflect the work that those committees actually do and therefore the Parks and Recreation Committee has been changed to the Parks, Recreation, Cultural Arts and Entertainment Committee. President Pfeifer asked for the Council's favorable consideration of this bill. 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. Charles Leone, City Attorney, 1400 County -City Building, South Bend, Indiana, indicated that President Pfeifer addressed a couple of the issues about which he had concerns. He stated, however, that the requirement that the party initiating any legislation which is amended during the Common Council Public Hearing file a complete original of the amended legislation with the Office of the REGULAR MEETING APRIL 9, 2001 City Clerk by the next business day is of concern to him. There was concern in his office that that timetable might be difficult to meet having the amended bill filed within the next twenty -four (24) hours because sometimes people are not available to accomplish that. There was no one else present wishing to speak to the Council in favor of this bill and there was no one present wishing to speak in opposition to this bill. Council Attorney Kathleen Cekanski - Farrand stated that the requirement to have the amended copy of the ordinance to the City Clerk the next day is in light of the duty of the City Clerk to get the ordinances and resolutions to the Mayor in a timely fashion. She noted that typically the Council has had cooperation from all the City departments. She noted that the Council and the Council Rules Committee would be willing to work with the administration and it would be her recommendation to try the twenty -four (24) hour requirement and then determine if that needs to be amended in the future. Under City Clerk Loretta Duda, the Clerk's office tries to get these documents to the Mayor as timely as possible and hopefully this requirement will bring better cooperation from all affected departments. Councilmember King made a motion that the Council send this bill to the full Council with a favorable recommendation as amended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28-01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND IMPROVE UTILITY SERVICE AND TO ALLOCATE COSTS TO A RECENTLY ANNEXED AREA WITHIN THE MUNICIPAL CITY LIMITS AND ALSO TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH OF KERN ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PHASE II) Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met 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 stated that this bill calls for the extension of water and sewer to the second phase of the annexation of US 31 South. The total cost of the project is four hundred sixty -six thousand ($466,000.00) dollars and HRP Construction is the contractor for this project. This bill provides for cost recovery from those who receive the benefit. Water service is on a lineal foot basis and sewer is on a square foot basis in order to provide the greatest equity. Mr. Gilot stated that since submitting this bill for consideration it has been determined that some clarification needs to be made. Therefore, Mr. Gilot proposed the following amendment: Section IV (5`'' line) shall read as follows: Payment shall be made by said property owners to the City of South Bend when the property owner connects to the installed sewer and/or water mains, at the rate of $23.75 per linear foot for water service and at the rate of $0.05 per square foot for sewer service, subject to a maximum water cost of $2,000.00 per parcel and a maximum sewer cost cap per parcel of $3,000.00 for a residential single family dwelling. This amendment provides for a two thousand dollar ($2,000.00) cap on water to go along with the three thousand dollar ($3,000.00) cap on sewer. The second point of clarification is that it is REGULAR MEETING APRIL 9, 2001 intended to apply this to a parcel that is a residential single family dwelling and not to a large acreage parcel. In that instance, the lineal footage or square footage price would prevail. Councilmember King made a motion to accept this amendment. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council in favor of this bill. The following individuals spoke in opposition to this bill. Ms. Lauren Mast, 61271 US 31 South, South Bend, Indiana, noted that she is considered a County resident and yet the City is telling her that she has to pay for the water and sewer that the City wants to put through. She noted that she welcomes the development of the south side but she does not understand why they are expected to pay and bear the cost of this service. Mr. Gilot informed Ms. Mast that the costs indicated would apply only if she takes advantage of the availability of water and sewer. She is not mandated to give up her well or private on -site septic systems until such time as the well or the septic would fail. At that time, the Health Department may encourage them to connect to the water and sewer that are available. Mr. Kevin Breen, 61281 US 31 South, South Bend, Indiana, advised that his house is the closest to US 31 and is located across from the South Side Cemetery. He noted that his front porch is about twenty -five (25) or thirty (30) feet from US 31 and there are two (2) large trees in front of the house which will be removed for the sewer and water. Those trees are the main barrier between a car or truck coming into his living room. He informed the Council that he discussed this matter with Mr. Larry Magliozzi and he was sent an amended Easement. He noted that some type of barrier to replace the trees is needed to try to deter a car from coming into his house. The amended Easement states that a suitable replacement will be considered. Mr. Breen stated that he wants something more than "will be considered" and would like a definite answer. Councilmember Ujdak informed Mr. Breen that he should talk with either Mr. Larry Magliozzi or Mr. Gary Gilot t to work out those details. Councilmember Ujdak stated that this can be worked out outside of the bill being considered at this time. There was no one else present wishing to speak in opposition to this bill. Councilmember Coleman made a motion that this bill be sent to the full Council favorably as amended. 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 Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. 1 ATTEST: ATTE, Lore a J. D&, Ci6 Clerk a , airper Committee of t Whole REGULAR MEETING BILLS - THIRD READING APRIL 9, 2001 ORDINANCE NO. 9206 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3200 BLOCK OF ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the second substitute version of this bill as amended. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass the second substitute version of this bill as amended. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9207 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski 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. 9208 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 1003 EAST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly 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. 9209 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 1031 E. JEFFERSON AND 123 EDDY, 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. 9210-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND LIMITING THE SIZE, SEPARATION DISTANCE, DISPLAY AREA AND HEIGHT OF OUTDOOR ADVERTISING SIGNS This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made REGULAR MEETING APRIL 9.2001 a motion to pass the substitute version of this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9211 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS IN CHAPTER 2, 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 third reading. Councilmember Coleman made a motion to amend this bill as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion for passage of this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9212-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND IMPROVE UTILITY SERVICE AND TO ALLOCATE COSTS TO A RECENTLY ANNEXED AREA WITHIN THE MUNICIPAL CITY LIMITS AND ALSO TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH OF KERN ROAD IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (PHASE II) This bill had third reading. Councilmember Coleman made a motion that this bill be amended as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass the bill as amended. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2982 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4126 SOUTH FELLOWS STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TERRY GILBERT WHEREAS, a Statement ofBenefits and a petition for residential real property tax abatement has been submitted to and 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 4126 South Fellows Street, South Bend, Indiana, and which is more particularly described as follows: Parkside Terrace Minor Subdivision Lot 8 and which has tax Key Number 18- 7164 - 577409, be designated as a Residentially Distressed Area 1 1 I REGULAR MEETING APRIL 9, 2001 under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed 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 a Residentially Distressed 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 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 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. REGULAR MEETING APRIL 9, 2001 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 ofbenefits 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed-area. SECTION X. 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. Terry Gilbert, 19735 Rolling Acres Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Gilbert advised that he is petitioning for a five (5) year tax abatement on this property to build a single family residence for sale. 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. 1 I L I� REGULAR MEETING APRIL 9, 2001 Therefore, Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 2983 -01 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 209 EAST COLFAX AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR INDIANA LAND TRUST 5181 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 209 East Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: Parcel I Lot Numbered Seven (7) and the North Two - thirds of Lot Numbered Eight (8) as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend. Except any part thereof that is in the following described real estate: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East and that part of Lots Seven (7), Eight (8), and Nine (9) in the Original Plat of the Town of Lowell, now a part of the City of South Bend as recorded in the records of St. Joseph County, Indiana. Parcel II Lot Numbered Nine (9) and the South One -third (1/3) part (being Twenty -two (22) feet in width, North and South, off of the entire length of the South side) of Lot Numbered Eight (8), all as shown on the Original Plat of the Town of Lowell, now a part of the City of South Bend. Except any part thereof that is in the following described real estate: That part of the Northwest Quarter of Section 12, Township 37 North, Range 2 East and that part of Lots Seven (7), Eight (8), and Nine (9) in the Original Plat of the Town of Lowell, now a part of the City of South Bend as recorded in the records of St. Joseph County, Indiana. and which has Key Numbers 18 -5003 -0056 and 18 -5003 -0058, 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. sea-and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., and South Bend Municipal Code Sections 2 -76, et 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 REGULAR MEETING APRIL 9, 2001 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. sea., 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 of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) 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 REGULAR MEETING APRIL 9, 2001 by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Councilmember Ujdak advised for the record that due to a potential conflict he will recuse himself from consideration of this Resolution. Mr. Shawn Sullivan, on behalf of Indiana Land Trust 5181, owner of the property at 209 East Colfax, South Bend, Indiana, made the presentation for this Resolution. Mr. Sullivan stated that Indiana Land Trust 5181 seeks tax abatement to facilitate some improvements to the property which are primarily needed due to the severe winter and the fact that the building has been unoccupied for approximately one (1) year. The improvements will consist of roof repairs, mechanical repairs, plumbing work and work to the grounds. These repairs will be facilitated with the assistance of tax abatement. He noted that their goal is to make the building habitable so the first tenant, which is going to be a brewery, can occupy the premises which will constitute two thousand ( 2,000) square feet of the total twenty -four thousand (24,000) square feet of the building. The improvements will hopefully lead to some other development of the building which they are in the process of negotiating with several potential developers. 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. In response to Councilmember Varner's inquiry, Mr. Sullivan stated that he is an owner of the building. He clarified that the Land Trust actually owns the real estate and he directs the land trust. Councilmember Varner inquired if business development funds or loans were involved with the brewery located across the street from this property. Mr. Sullivan stated that there was development assistance but he was not specifically involved in that process. Councilmember Varner indicated that it is known that there were problems with the previous brewery and wondered if it was appropriate for the Council to act on this matter before that issue is resolved. In response to Councilmember Vamer's inquiry of whether Mr. Sullivan was a party to the building ownership with regards to the previous brewer, Mr. Sullivan stated that it was very complicated and a very delicate question. The simple answer is that he was supposed to be a party to the ownership of the property but was not and that was part of the problem and why he was removed. Councilmember Varner asked if Mr. Sullivan would consider continuing this Resolution for a two (2) week period so he could ask Council Attorney Kathleen Cekanski - Farrand to clarify some questions he had so she could return to the Council with some answers. Mr. Sullivan stated that he does not have a problem with that request but they are anxious to get started with some of these improvements. Council Attorney Kathleen Cekanski - Farrand inquired of Mr. Sullivan if any litigation was pending with regard to the other property. Ms. Sullivan stated that there is no litigation whatsoever in regards to Indiana Land Trust 5181 which is associated with the 209 East Colfax property. There is litigation associated with the previous brewery property but there is no overlap between that litigation and this tax abatement request. In light of Mr. Sullivan's comments, Councilmember Varner stated that he does not have an objection to proceeding with the tax abatement at this time. Council Attorney Kathleen Cekanski- Farrand stated, for the record, that since this tax abatement is at the declaratory stage she could meet REGULAR MEETING APRIL 9, 2001 with Mr. Sullivan prior to the confirmatory action to discuss the questions raised. She noted that it is the Confirming Tax Abatement Resolution that triggers the remonstrance period. Councilmember Kelly 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 eight (8) ayes, with Councilmember Ujdak recusing himself from voting on this bill. RESOLUTION NO. 2984 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS 301 E. SAMPLE STREET SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MOSSBERG & COMPANY, INC. 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 301 E. Sample Street, South Bend, Indiana, and which is more particularly described as follows: Lots Numbered Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20) as shown on the recorded plat of John C. Knoblock's Subdivision of Out Lot Thirty -nine (39) in Denniston & Fellows Addition to the Town, now City of South Bend, recorded March 28, 1902, in Plat Book 8, Page 69, together with the vacated East -West alley lying between Lots Numbered Fifteen (15) and Sixteen (16); excepting the South Forty (40) feet of Lots Numbered Nineteen (19) and Twenty (20) heretofore conveyed to the Civil City of South Bend, Indiana, for street and roadway purposes. Also Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) as shown on the recorded plat of William S. Anderson's Subdivision of Lot Numbered Forty (40) in Denniston and Fellows' Addition to the City of South Bend, in St. Joseph County, Indiana, together with the vacated East -West alley between Lots Numbered Nine (9), Ten (10), Eleven (11) and Twelve (12), on the North side, and Lots Numbered Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) on the South side, together with the vacated North -South alley lying between Lots Numbered Six (6) and Seven (7); excepting the South Forty (40) feet of Lots Numbered Seven (7) and Eight (8). BUT EXCLUDING A parcel of land being part of lot 30 as shown on the recorded plat of Denniston and Fellows Addition and part of the East Half of the Southwest Quarter of Section 12, Township 37 North, Range 2 East, all in Portage Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the North line of Tutt Street, 22.23 feet South 89 degrees 41'55" East (bearing assumed) from the Southwest corner of said Lot 30; thence South 89 degrees 41'55" East along the North 1 1 REGULAR MEETING APRIL 9, 2001 line of Tutt Street, 155.62 feet to a point (295.09 feet, record) North 89 degrees 41'55" West of the Southeast corner of said Lot 30, and being on the East line of the East side of an existing concrete block building; thence North 00 degrees 33'35" East along said East line of said block building, 184.30 feet to the Southerly line of the Consolidated Railroad Corporation right -of -way; thence South 89 degrees 58'00" West along said railroad southerly right -of -way line, 6.79 feet to an angle in said railroad right -of -way; thence North 57 degrees 16'15" West along said railroad southerly right -of -way line, 128.09 feet; thence South 32 degrees 43'45" West, 75.89 feet; thence South 00 degrees 33'35" West, 188.90 feet to the point of beginning. and which has Key Numbers 18- 3024 -0869, 18- 3022 -0827, 18- 3022 - 082701, 18- 3224 -0897, 18- 3224 -0898, 18- 3204 -0899, and 18- 3204 -0900 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., 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 seg., 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; C. 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. REGULAR MEETING APRIL 9, 2001 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Richard J. Deahl, Barnes & Thornburg, 600 1St Source Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this Resolution on behalf of the petitioner. Mr. Deahl advised that Mossberg is requesting tax abatement for their property located on East Sample Street. The abatement is on a proposed investment in the amount of $3,150,000.00 for a new off- set printing press and two (2) bindery machines that will enable them to compete in a broader market and print a wider range of products on larger stock paper. This investment will add approximately three (3) to four (4) new jobs representing an annual payroll of between one hundred fifty thousand ($150,000) dollars and two hundred thousand ($200,000) dollars and will enable Mossberg to maintain the existing workforce of one hundred and thirty (130) full time employees representing an annual payroll of six million seven hundred fifty thousand ($6,750,000.00) dollars. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly 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. RESOLUTION NO. 2985 -01 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 13 8,701, AND 705 BROADWAY AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS, AND AMERICAN HOME DREAMS, INC. n u 1 REGULAR MEETING APRIL 9, 2001 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and 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 138, 701, and 705 Broadway, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 138 Broadway Lot 28A of American Home Dreams 18- 7025 -1042 3rd Replat 701 Boadway Lot 184A of American Home Dreams 18- 7016 -0633 4th Replat 705 Broadway Lot 185A of American Home Dreams 18- 7016 -0635 4th Replat be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et se g., 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 a Residentially Distressed 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 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 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 REGULAR MEETING APRIL 9, 2001 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 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. 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 REGULAR MEETING APRIL 9, 2001 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Councilmember Kelly made motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly advised that he is a member of the Board of American Home Dreams, Inc. However, he has been advised that there is no conflict in voting on this matter and therefore he will not be recusing himself at this time. Mr. Marco J. Mariani, Neighborhood Planner, Department of Community and Economic Development, 12'h Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution on behalf of the City of South Bend Board of Public Works who is a co- applicant with American Home Dreams, Inc. Mr. Mariani noted that the department is continuing their partnership with American Home Dreams to build affordable houses in the southeast neighborhood. These are the last three (3) of fifty (50) houses for which they have entered into a development agreement with American Home Dreams and they are excited to complete the project and move onto the next phase. Mr. Rick Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, advised that they are being given another three (3) lots which make a total of fifty -one (5 1) units that will be completed over a four (4) year period of time. 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 nine (9) ayes. RESOLUTION NO. 2986 -01 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 3801 VOORDE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR KOONTZ- WAGNER ELECTRIC COMPANY, INC. 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 3801 Voorde Drive, South Bend, Indiana, and which is more particularly described as follows: A portion of the Southeast Quarter of Section Thirty-three (33), Township Thirty -eight (3 8) North, range Two (2) East, in and part of the City of South Bend, St. Joseph County, Indiana. and which has Key Number 18- 2184 - 693814, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., REGULAR MEETING APRIL 9, 2001 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. sea., 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 of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds the six (6) years is the appropriate and rational time period for this tax abatement in light of the following: REGULAR MEETING APRIL 9, 2001 The petitioner is an 80 year old South Bend based business, currently employing 294 with an annual payroll in excess of $11,500,000. 2. The company completed an expansion of their facility in 2000 and has already more than doubled the 10 new j obs promised in their previous abatement granted in 1999. 3. The proximity of the previous project with this project is within two years and the square footage of each project, when combined, exceed the requirements for a 6 year abatement. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably, as substituted. Councilmember Coleman made 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. Richard Pfeil, 3801 Voorde Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Pfeil informed the Council that Koontz Wagner Electric Company was started by Mr. Koontz on Cushing Street in 1921. He noted that they completed a program about a year ago with an addition to the east side of their Voorde complex. They now need to expand again and will then have a complex of about twenty -five thousand (25,000) square feet. He further noted that they will be building packaged control rooms and their main customer for this product is General Electric in New York. Mr. Pfeil noted that they started out this project with Phase I with the idea that they would add about ten (10) people for two hundred thirty -four thousand ($234,000.00) dollars in additional payroll. It now appears that they will add forty (40) jobs for $1 million dollars worth of additional payroll. Since these projects are in proximity to one another and the total is twenty - five thousand (25,000) square feet and the economic impact is $1 million dollars, they request a six (6) year tax abatement on the project. 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 Coleman pointed out that this is a special exception as Mr. Pfeil has outlined the specific reasons for the request in extending the tax abatement from three (3) to six (6) years owing to its origin as part of a first phase that had already been completed. Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING BILLS - FIRST READING APRIL 9, 2001 BILL NO. 29 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS TUTT STREET FROM THE EAST RIGHT OF WAY LINE OF LAFAYETTE BLVD. TO THE WEST RIGHT OF WAY LINE OF MAIN STREET FOR A DISTANCE OF 345 FEET, MORE OR LESS. BEING A PART OF GARST'S 1ST 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 April 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1814 MIAMI 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 nine (9) ayes. BILL NO. 31 -01 FIRST READING ON A BILL ESTABLISHING ONE ADDITIONAL FUND IN THE SAMPLE EWING DEVELOPMENT AREA, NAMELY, FUND NO. 209 STUDEBAKER/OLIVER REVITALIZATION GRANTS This bill had first reading. Councilmember White made a motion to accept the substitute 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 refer this bill, as substituted, to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 32-01 FIRST READING ON A BILL APPROPRIATING $90,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING APRIL 9, 2001 BILL NO. 33 -01 FIRST READING ON A BILL APPROPRIATING $3,405,000, PLUS INTEREST EARNED THEREON, WITHIN FUND 212 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 34 -01 FIRST READING ON A BILL APPROPRIATING $800,000, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA 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 April 23, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 35 -01 FIRST READING ON A BILL APPROPRIATING $249,450, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA 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 April 23, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 36 -01 FIRST READING ON A BILL APPROPRIATING $1,496,700, PLUS INTEREST EARNED THEREON, WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37-01 FIRST READING ON A BILL APPROPRIATING $50,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORTS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING APRIL 9.2001 BILL NO. 38 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $14,685.00 HAZMAT FUND (FUND #289) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $16,265.00 INDIANA RIVER RESCUE FUND (FUND #291) This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER TO THE SOUTH BEND COMMUNITY SCHOOL CORPORATION OF PARK PROPERTY IN POTAWATOMI PARK AND THE EAST HALF OF GREENLAWN AVENUE This bill had first reading. Councilmember White made a motion to accept 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 refer this bill, as substituted, to the Parks, Recreation, Cultural Arts & Entertainment Committee and set it for Public Hearing and Third Reading on April 23, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO.41 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 222 SOUTH WILLIAM 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 nine (9) ayes. BILL NO. 42-01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1456 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area 1 1 1 REGULAR MEETING APRIL 9, 2001 Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS UPDATE ON BRIDGES Councilmember King noted that about a month ago the Council sent a letter to the St. Joseph County Engineer requesting that she attend either today's meeting or the April 23rd meeting to update them on the plans for the Jefferson Street bridge. He inquired if that has been arranged. Council Attorney Kathleen Cekanski - Farrand advised that the County Engineer has not reported back since the last time she discussed this matter with the Council two (2) weeks ago. Councilmember Varner suggested that a letter be sent to the County Commissioners requesting that the County Engineer make a presentation to the City Council concerning this matter. NEW BUSINESS URBAN LEAGUE MEETING Councilmember White announced that the Urban League of South Bend and St. Joseph County will be hosting a Urban Conversation and Community Forum regarding the school boundaries and the issue of neighborhood schools on Wednesday, April 11"' from 6:00 p.m. to 8:00 p.m. in the Bendix Theater. Presenters will include the Superintendent of the South Bend Community School Corporation, Mr. Cleo Washington, Mr. William Hoinacki and Ms. Charlotte Pfeifer as well as other community leaders. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council during this portion of the meeting. ADJOURNMENT There being no further business to come before the Council, Councilmember Coleman made a motion to adjourn. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes and the meeting was adjourned at 8:55 p.m. ATTEST: IBM MIA ATTEST: Charlotte Pfeifer, Preside t