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HomeMy WebLinkAbout11-12-01 Council Meeting MinutesREGULAR MEETING NOVEMBER 12, 2001 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, November 12, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 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 2 °d District President 3' District 4' District 5' District 6' 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 October 22, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember White made a motion that the minutes of the October 22, 2001 meeting of the Council be accepted and placed on file. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF MEETING DATE IN DECEMBER Council President Pfeifer advised that the Common Council will conduct only one (1) meeting in December to be held on December 10, 2001. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 59 -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 CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,000 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA, PHASE II -1- REGULAR MEETING NOVEMBER 12, 2001 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) to "O" Office (City of South Bend) to allow office uses and incidental residential uses in the existing building. The property currently contains a single family home and vacant land. Located to the north across Douglas Road is vacant land zoned "R" Residential; to the east is vacant land zoned "R" Residential; to the south is vacant land zoned "R" Residential currently in the process of being annexed into the City of South Bend; and to the west are single family homes zoned "R" Residential and vacant land zoned "R" Residential currently in the process of being annexed into the City of South Bend. Access to the site will be from Douglas Road. Water and sewer will be available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 11.2 acres. Of that, the buildings will occupy one (1) acre, or eight per cent (8 %) of the site. The parking and drives will occupy twenty -four per cent (24 %) of the site and sixty -eight per cent (68 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells or environmental hazard areas are present. However, a portion of the site is located within Flood Zone "A -1" and it also appears that a wetland is located onsite. The Douglas Road/Uniroyal Superfund site is located to the north across Douglas Road. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. Mr. Myers further noted that the Area Plan Commission, at its Public Hearing held on September 18, 2001, sends this petition to the Council with a favorable recommendation subject to a final site development plan. It is the Commission's opinion that "O" Office zoning is compatible with the established zoning and development pattern to the north and east in the City of Mishawaka and will act as a buffer for the residential uses to the south and west. Mr. Michael Danch, President, Danch, Hamer & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill, on behalf of the Petitioners, Mr. and Mrs. Macri and Mr. & Mrs. LaFree. Mr. Danch stated that the Petitioners would like to rezone approximately eleven (11) acres of land on the south side of Douglas Road in the 17,000 block. They intend to build eight (8) single individual buildings with a maximum size of five thousand (5,000) square feet. Mr. Danch noted that there is one (1) existing building at the southeast corner of the property which will also be used partially for an office and for residential use. The two (2) streets coming off of Douglas Road, as shown on the site plan, will be dedicated to the City. Additionally, the petitioners will be going through the major subdivision procedure and creating legal lots of record for each individual building. The drainage will be per the latest City of South Bend standards and will be addressed through the subdivision procedure. All the buildings will be single story and will have extensive screening as shown on the site plan. The lots will be connected to sewer and water which will be brought to the site for development purposes. Because a large portion of the property is in the flood zone for Judy Creek they have worked with the staff on the development of the site plan and that area will be left as "A" Residential single family. Additionally, there will be no access to the existing residential area that is located at the southwest corner of the site along McErlain Street. That will be left as "A" residential single family. In conclusion, Mr. Danch noted that as part of this rezoning to "O" Office there will only be office uses provided in this office park and there will be no commercial uses. Councilmember King asked Mr. Danch to confirm that there is no intention to bring any thoroughfare or roadway to connect to McErlain. Mr. Danch stated that the site plan shows two (2) cul de sacs that will be dedicated to the City. Also, as part of the subdivision procedure they will -2- REGULAR MEETING NOVEMBER 12.2001 put a non - access easement along the entire south boundary to eliminate any possibility of access to that street. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as previously substituted with Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 94 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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. Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Charles R. Shedlak, Tuesley & Hall, 340 Columbia Place, South Bend, Indiana, made the presentation on behalf of the petitioner. Mr. Shedlak stated that this alley is between a parking lot that one of the petitioners owns and Club 23 which is a club/ bar business that the other corporate petitioner owns. The individual petitioner is the President and owner of the corporation so there is joint ownership on both sides of this alley. The alley runs east /west between the building and the parking lot that is adjacent to the building. They would like to have that alley vacated primarily for safety reasons. Club 23 patrons have to park in the parking lot and then cross the alley which is used by vehicular traffic. Also, there is a utility door, without windows, on the side of the building that opens onto the alley which creates a dangerous situation when vehicles are coming down that alley. Mr. Shedlak noted that there has been some theft of cars and the ability to fence off the entire parking area including the alley would be useful. One final safety consideration is that the turn out of that alley onto South Bend Avenue is tight as is the turn into the alley from South Bend Avenue. He noted that once the alley is vacated they will seal it off, install fencing and warning posts with reflective materials and signage. He further noted that traffic will retain access to the remainder of the alley either from the south up the north/south alley or on the same alley from Frances Street to the east. Mr. Shedlak advised that they have worked with the Division of Engineering and was initially advised by them that they wanted it at twenty (20) feet in. They have now revised that requirement so that they would now vacate all of the last ten (10) feet of the alley as it is between the petitioners property. Because this is a twelve (12) foot wide alley this would add a little more room for garbage trucks or emergency vehicles. They are asking to vacate the alley ten (10) feet from the end and they are dedicating an eight foot (8') by ten foot (10') area of the parking lot to create a twenty foot (20') by ten foot (10') wide area in which anyone can turn around. -3- REGULAR MEETING NOVEMBER 12, 2001 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. Gary Gilot, Public Works Director, 1300 Floor County -City Building, South Bend, Indiana, stated that he wanted to confirm that the Board of Public Works sent this petition with some issues to be resolved and those have been satisfactorily addressed by the petitioner subject to utility easements and subject to dedication of an additional eight foot (8') by ten foot (10') turnaround space for a pilot jug handle turn. He stated that the Council is making history with the first jug handle turn in an alley. There was no one else present wishing to speak in favor of this vacation and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember King made a motion for favorable recommendation to full Council concerning this bill as substituted on October 22, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 101 -01 PUBLIC HEARING ON A BILL APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates the 2002 dollars for the Emergency Shelter Grant Program that allows them to fund emergency shelters such as Youth Service Bureau, Center for the Homeless, AIDS Task Force and the YWCA Crisis Shelter. 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 for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -01 PUBLIC HEARING ON A BILL APPROPRIATING $3,924,000 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2002, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT BILL NO. 103 -01 PUBLIC HEARING ON A BILL APPROPRIATING $617,393 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF IS REGULAR MEETING NOVEMBER 12, 2001 DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember Coleman made a motion to combine Bill Nos. 102 -01 and 103 -01 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends them to the Council favorably. Councilmember Aranowski advised that he is the President of the Housing Development Corporation and has been advised by Council Attorney Kathleen Cekanski - Farrand that there is no conflict of interest in him voting on these bills. Additionally, Councilmember Ujdak advised that he is the President of the Christmas in April Program and per Council Attorney Kathleen Cekanski- Farrand he will not benefit personally in any way from receipt of these funds. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for these bills. Ms. Leonard advised that these bills appropriate the Community Development Block Grant dollars for 2002. The CDBG portion was subject to a public comment period for thirty (30) days and this is the same allocation that had been put forward for that public comment period. The six hundred seventeen thousand dollars ($617,000.00) is for the administrative expenses that they will derive from staff contracts in the department and this is also the same amount that they spoke to the Council about in September when the department's administrative budget was discussed. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to these bills, Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 102 -01. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 103 -01. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 104 -01 PUBLIC HEARING ON A BILL APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard stated that this bill appropriates forty -eight thousand nine hundred twenty dollars ($48,920.00) from the State Grant Fund. She noted that this is also part of the revenue that they talked to the Council about in September for the full department budget. -5- REGULAR MEETING NOVEMBER 12, 2001 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 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. 105 -01 PUBLIC HEARING ON A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2002 BEGINNING JANUARY 1, 2002 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is part of the department's administrative budget and is still part of the revenues that they identified for the Council when they spoke in September. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 106 -01 PUBLIC HEARING ON A BILL TRANSFERRING $409,457 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably. Ms. Beth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill is the companion to Bill No. 102 -01 which is the completion of the Community Development Block Grant Program for 2002. She noted that they reprogrammed funds from some projects from prior years that did not use all of their funding to the 2002 allocation. 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 W REGULAR MEETING NOVEMBER 12, 2001 bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 107 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED IN ORDINANCE 9192 -01 AND DEPOSITED IN ECONOMIC DEVELOPMENT STATE GRANT FUND #210 FOR THE PURPOSE OF REMEDIATING ENVIRONMENTAL CONDITIONS IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this bill to the Council favorably. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case advised that this bill appropriates funds from the Indiana Environmental Remediation Revolving Loan program sponsored by the Indiana Development Finance Authority for the Robert Bosch Braking Corporation retention package. 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 for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made a motion to Rise and Report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Loretta J a, Ci Cle ATTEST: Andrew Ujdak, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:28 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. -i- REGULAR MEETING BILLS - THIRD READING NOVEMBER 12, 2001 ORDINANCE NO. 9279 -01 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN' S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9280 -01 AN ORDINANCE APPROPRIATING $126,081 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9281 -01 AN ORDINANCE APPROPRIATING $3,924,000 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2002, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. 9282 -01 AN ORDINANCE APPROPRIATING $617,393 WITHIN FUND 212, COMMUNITY DEVELOPMENT FUND, FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember REGULAR MEETING NOVEMBER 12, 2001 Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9283 -01 AN ORDINANCE APPROPRIATING $48,920 FROM FUND 210, THE ECONOMIC DEVELOPMENT STATE GRANT FUND, FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S ADMINISTRATIVE BUDGET 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. 9284 -01 AN ORDINANCE APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2002 BEGINNING JANUARY 1, 2002 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9285 -01 AN ORDINANCE TRANSFERRING $409,457 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 "COMMUNITY DEVELOPMENT" IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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. 9286 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PROCEEDS (TOGETHER WITH INVESTMENT EARNINGS THEREON) DERIVED FROM THE ISSUANCE OF BONDS HERETOFORE AUTHORIZED IN ORDINANCE 9192 -01 AND DEPOSITED IN ECONOMIC DEVELOPMENT STATE GRANT FUND #210 FOR THE PURPOSE OF REMEDIATING ENVIRONMENTAL CONDITIONS IN CONNECTION WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 0 REGULAR MEETING RESOLUTIONS: NOVEMBER 12, 2001 RESOLUTION NO. 3048 -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 MACRI/LAFREE II 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 20.83 acres of largely vacant land, with one single family house on a separate parcel, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 12.5% contiguous, generally located on the south side of Douglas Road, approximately 1,500 feet east of State Road 23 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: 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: -10- REGULAR MEETING NOVEMBER 12, 2001 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 a Point on the East Line of Said Section 32 Which Is N. 00- 00' -00" E. (All Bearings Assumed), 420.00 Ft. More or less from the Southeast Corner of the Northeast Quarter of the Northeast Quarter of Said Section 32; Thence S. 90- 00' -00" W., 460.00 Ft. More or Less; Thence S. 00- 00' -00" W., along the East Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 - 0548.13 in the Records ofthe St. Joseph County, Indiana Auditor's Office, 125.00 Ft. More or less to the North Line of Mc Erlain Street; Thence along Said North Line in a Northwesterly Direction, 305.53 Ft. More or less to the West Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 - 0548.05 in the Records of the St. Joseph County, Indiana Auditor's Office; Thence along the West Line of Said Parcel to the South Line of McErlain Street, S. 00- 00' -00" W., 40.24 Ft More or Less; Thence Northwesterly along the South Line of McErlain Street, 57.47 Ft. More or Less; Thence N. 00- 00' -00" E., 267.24 Ft. More or less to the South Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 - 0548.14 in the Records of Said Auditor's Office; Thence along the South Line of Said Parcel S. 90 - 00' -00" W., 438.36 Ft. More or Less; Thence N. 00- 00' -00" E., 288.55 Ft. More or less to the South Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 -0548 in the Records of Said Auditor's Office; Thence along the South and East Line of Said Parcel, N. 90- 00' -00" E., 68.21 Ft. More or less and N. 00- 00' -00" E., 243.72 Ft. More or Less, to the South Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 - 0548.01 in the Records of Said Auditor's Office; Thence along The south and East Line of Said Parcel, N. 90- 00' -00" E., 187.70 Ft. More or less and N. 00- 00' -00" E., 260.50 Ft. More or less to the North Line of Douglas Road; Thence along Said North Line N. 90- 00' -00" E., 670.50 Ft. More or less to the Existing Mishawaka Municipal Corporate Line; Thence along Said Corporate Line for the next Two Courses, S. 00- 00' -00" W., 40.00 Ft. More or less to the Centerline of Douglas Road and N. 90- 00' -00" E. along Said Centerline, 132.80 Ft. More or less to the East Line of a Parcel of Ground with a Tax Key Identification Number of 02- 2023 - 0548.08 in the Records of Said Auditor's Office; Thence along the East Line and South Line of Said Parcel, S. 00 - 00' -00" W., 752.75ft. More or less and N. 90 - 00' -00" E., 200.00 Ft. More or less to the East Line of Said Section 32; Thence S. 00- 00' -00" W. along Said East Line, 141.44 Ft. More or less to the Point of Beginning. Containing 20.83 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 -11- REGULAR MEETING NOVEMBER 12, 2001 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 without a recommendation because of the lack of a report from the administration. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case stated that this is voluntary annexation on the south side of Douglas Road approximately two thousand feet (2,000') east of State Road 23 which contains approximately twenty -one (21) acres with one (1) residence. Mr. Case noted that Police, Fire, Environmental Services and Public Works all recommend approval for this annexation. He also noted that there is both water and sewer available to the site. 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. 3049 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 208,212 AND 216 SOUTH 35TH STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD C. LEVY, AND EDWARD AND LAURA SMITH WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 208,212 and 216 South 35t' Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 208 S. 35 ' Street Lot 100 Belmont Addition 18 -5063 -2218 212 S. 351h Street Lot 99 Belmont Addition 18 -5063 -2221 216 S. 35t' Street Lot 98 Belmont Addition 18 -5063 -2224 be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances -12- 1 1 1 REGULAR MEETING NOVEMBER 12, 2001 and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: - i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate 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. -13- REGULAR MEETING NOVEMBER 12, 2001 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se L. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Edward C. Levy, 316 South Eddy Street, South Bend, Indiana, made the presentation for this bill. Mr. Levy asked for this tax abatement so they can build a little better home than they originally planned to build for first time home buyers. He noted that they believe this neighborhood will benefit by this project. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3050 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4011 AND 4005 RIVERSIDE DR., 1752 KESSLER BLVD., 1210 AND 1214 SORIN ST., AND 2834 W. CALVERT ST. RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES, J.C. AND NAOMI DAVIS, ANNETTE KYLE, AND ERNESTRO MARTINEZ WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as (see attached Exhibit A) South Bend, Indiana, and which are more particularly described as follows: -14- 1 1 1 REGULAR MEETING Street Address 4011 Riverside Dr. 4005 Riverside Dr. 1752 Kessler Blvd. 1210 Sorin Street 1214 Sorin Street 2834 West Calvert St. Legal Description Lot 279 Riverside Manor Sub Lot 280 Riverside Manor Sub Lot 31 of Portage Heights Addition Lot 7 Happ Taggart's 11t Addition Lot 6 Happ Taggart's Addition Lot 35 Richard 1St Addition be designated as a Residentially Distressed Area; and NOVEMBER 12, 2001 Key Number 25- 1011 -0451 25- 1011 -0452 18- 2140 -5262 18 -5078 -2734 18 -5078 -2735 18- 8110 -4175 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or -15- REGULAR MEETING NOVEMBER 12.2001 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se q. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Ms. Jill Sechowski, 17874 State Road #23, South Bend, Indiana, made the presentation for this bill on behalf of G &M Properties. Ms. Sechowski stated that they would like to confirm their request for the tax abatement. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. RESOLUTION NO. 3051 -01 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 110 SOUTH HILL STREET TO BE -16- REGULAR MEETING NOVEMBER 12, 2001 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR J & J LEASING, LLC, UNDERWRITERS LABORATORIES /ENVIRONMENTAL HEALTH LABORATORIES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 110 South Hill Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots 171 and 172 of the Plat of "Samuel L. Cottrell's Addition to the City of South Bend" as recorded in Plat Book #1 on Page #49 the Records of the St. Joseph County, Indiana, Recorder's Office and Lot #178A of the Plat of " Cottrell's Addition First Replat" as recorded in the records of said recorder and also the proposed Vacated 14 Ft. Wide North and South alley located between said lots described above. Containing 1.14 Acres more or less. Subject to all legal highways, easements and restrictions of record. Lots or parts of Lots as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, in St. Joseph County, Indiana, viz: The East Half of Lots numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -eight (178), and A lot or parcel of land 33 feet in width, East and West, taken off of and from the entire length of the East side of the West Half of Lots Numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -Eight (178), and Part of Lot Numbered One Hundred Seventy -Nine (179) described as beginning at the Northeast corner of said Lot 179; running thence West on the North line of said lot, 120 feet; thence South 33 feet; thence East 120 feet; thence North 33 feet to the place of beginning. A lot or parcel of land 49 Meet in width, East and West, taken off of and from the entire width of the West ends of Lots Numbered One Hundred Seventy -Seven (177) and One Hundred Seventy -Eight (178) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a strip of land 12 feet in width, North and South, taken off of and from the entire width of the South end thereof. More commonly known as 616 E. Washington Street, South Bend, Indiana. A lot or parcel of land 46 feet in width, East and West, taken off of and from the entire width of the West Ends of Lots Numbered One -17- REGULAR MEETING NOVEMBER 12, 2001 Hundred Sixty -Four (164) and One Hundred Sixty -five (165) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend. Part of Lots numbered One Hundred Sixty -Four (164) and One Hundred Sixty -Five (165) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, described as beginning at a point 36 feet West of the Northeast Corner of said Lot Numbered 164 on the North line of said lot; thence running South 88 feet; thence West 12 feet; thence North 88 feet to the North line of said Lot numbered 164; thence East 32 feet to the place of beginning. (The commonly known addresses of the above properties are: 110 S. Hill Street, 616 East Washington Street, 109 South St. Louis Street, and 524 East Washington Street) and which has Key Numbers 18 -5011- 0307,18 -5011- 0308,18 -5011- 0309,18 -5011- 0310,18 -5011- 0321,18 -5011- 0322,18 -5011- 0322,18 -5011- 0321.01,18 -5010- 0297,18- 5010 -0294, respectively, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten 10 years is the appropriate and rational time period for this tax abatement in light of the following: 1. The petitioner currently employs over 103 people in the South Bend office and has an annual payroll of over $3.9 million. The petitioner also projects to add as many as 150 new positions to its payroll over the next five years. 2. Environmental Health Laboratories (EHL), in conjunction with Underwriters Laboratories (UL), which is the largest public safety testing company in the world, are dedicated to public safety and to the communities they are a part of. 3. The petitioner cites the enormous costs associated with this project, with total project costs estimated to exceed $7 million. SECTION II. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines sm 1 1 REGULAR MEETING NOVEMBER 12, 2001 that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Jim Larkin, 12042 Covered Wagon Court, Granger, Indiana, General Partner of J &J Leasing and Vice President of the Environmental Health Laboratories Division of Underwriters Laboratories, made the presentation for this Resolution. Mr. Larkin stated that UL is seeking a tax abatement to move forward on a $7 million dollar expansion of its Environmental Health Laboratories facility located at 110 South Hill Street. He noted that the details of the UL expansion activity were presented in its abatement application at the committee hearing and at the prior Council meeting and he is available to answer questions at this 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 King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 01 -94 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 140 LAKE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RUFUS AND URSULA CHATMAN Councilmember King made a motion to strike this bill from the agenda at this time at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 108 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 2 ENTITLED PANHANDLING AND SOLICITATION REGULATIONS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety and Residential Neighborhoods Committees and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -19- REGULAR MEETING NOVEMBER 12, 2001 BILL NO. 109 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $55,000 FROM THE FIRE DEPARTMENT SALARY FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 110 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $59,070 FROM THE GENERAL FUND TO THE FIRE DEPARTMENT EQUIPMENT FUND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 111 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING PRIVATE DONATIONS TOTALING $1,832,930.87 WHICH ARE ON DEPOSIT IN COUNTY OPTION TAX FUND ( #404) FOR PURPOSES OF PALAIS ROYALE CAPITAL IMPROVEMENTS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 112 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 17, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ARTICLE 9 FOR UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 113 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DISSOLVING THE WATER WORKS BOARD OF DIRECTORS AND TRANSFERRING SUCH BOARD'S AUTHORITY TO THE BOARD OF PUBLIC WORKS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and be set for Public Hearing and Third Reading on November 26, 2001. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. -20- f] C REGULAR MEETING NOVEMBER 12, 2001 BILL NO. 114 -01 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF ORANGE STREET FROM JOHNSON STREET TO THE FIRST NORTH /SOUTH ALLEY; THE SECOND ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF JOHNSON STREET FROM THE FIRST EAST /WEST ALLEY NORTH OF ORANGE STREET, BOTH BEING A PART OF LOT 20, COLLEGE GROVE 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 be set for Public Hearing and Third Reading on November 26, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 115 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 1615 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 116 -01 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 2104 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS THANK YOU TO INDIVIDUALS WHO SPOKE WITH THE 21ST CENTURY SCHOLARS ON NOVEMBER 10, 2001 Council President Pfeifer thanked County Commissioner President Mike Hamann, Chief Deputy City Clerk Sandy Parmerlee, County Clerk Linda Scopelitis, Voters Registration Director Kelly Scheetz, as well as Councilmember Karen White who came out to speak to and support the approximately thirty (30) youth who visited the County -City Building and County Courthouse on Saturday, November 10`x' as part of the 21" Century Scholars Program. She also commended the Civil Rights Heritage Center of IUSB for working with this group and promoting citizenship and involvement with these young people. -21- - - REGULAR MEETING NEW BUSINESS NOVEMBER 12, 2001 ACKNOWLEDGMENT OF VETERANS Councilmember Coleman acknowledged and thanked military veterans Councilmember Kelly and Councilmember King for their service in the military and dedication to our country. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:50 p.m. ATTEST: -22- ATTEST: Charlotte Pfeifer, Presi%eiW 1 C