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HomeMy WebLinkAbout02-14-00 Council Meeting MinutesREGULAR MEETING FEBRUARY 14, 2000 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, February 14, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski lst District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4d' District David Varner 5d' District Andrew Ujdak 6d' District Chairperson, Committee of the Whole Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 24, 2000 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 January 24, 2000 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 APPOINTMENT TO URBAN ENTERPRISE ASSOCIATION Council President Pfeifer advised that the Council had previously announced that they would be making an appointment to the Urban Enterprise Association and at this time she would like to announce the appointment of Steven Bradley to fill that position. Mr. Bradley is the Council's appointment to this Board. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:08 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 7 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK - SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT AA REGULAR MEETING FEBRUARY 14.2000 OF OLIVE ROAD COMMERCE PARK - SECTION TWO -FIRST REPLAT WHICH IS RECORDED AS INSTRUMENT NO. 9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Robert D. Palm, Palm & Associates, P.O. Box 960, New Carlisle, Indiana, made the presentation for this bill on behalf of Mr. Kevin Smith, President, Lone Wolf Enterprises, 506 West South Street, South Bend, Indiana. Mr. Palm informed the Council that the reason for this vacation is to allow the realignment of these roads to a new location. This action has been submitted for replat which will better accommodate the properties to the east. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council Attorney Kathleen Cekanski - Farrand advised that the City Clerk is in receipt of a Grant of Perpetual Easement for Future Roadway which was recorded this afternoon by Lone Wolf Enterprises. Councilmember Varner 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. 92 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1408 & 1412 MISHAWAKA AVENUE AND 912 OAKLAND AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion that this bill be stricken at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 110 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1129 SOUTH BEND AVENUE AND 1143 SOUTH BEND AVENUE, 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 Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial, `B" Height and Area and `B" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area to allow an equipment rental business. Mr. Byorni informed the Council that the property currently contains equipment storage and two (2) vacant lots. Access to the site is from South Bend Avenue and Georgiana Street. The total site to be rezoned is forty two thousand three hundred fifty four (42,354) square feet. Of that, the buildings will occupy twenty per cent (20 %) of the site, the parking and drives will occupy seventy -four per 1 1 LJ REGULAR MEETING FEBRUARY 14.2000 cent (74 %) of the site and six per cent (6 %) of the site will remain as open space. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. This rezoning would allow for the expansion of the existing business. It is the staff's opinion that the rezoning will not have a significant negative impact on the surrounding area. The Area Plan Commission, at their Public Hearing held on January 18, 2000 sent this petition to the Council with a favorable recommendation. Mr. Kevin Butler, Attorney at Law, Butler & Simeri, 131 South Taylor Street, South Bend, Indiana, made the presentation on behalf of the Petitioners, James and Theresa Sharpe, 805 West Edison Road, Mishawaka, Indiana. Mr. Butler advised that he believes the report from the Area Plan Commission provided sufficient details of this matter. He noted that Mr. Bernie Feeney is working on the site plan for this rezoning and he anticipates that the final site plan will be available within the week. He further noted that this is the first real development in this neighborhood in recent years. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 111 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1701 W. SAMPLE 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 Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial, "E" Height and Area to "A" Residential, "A" Height and Area to allow a single - family residence. Mr. Byorni further advised the Council that the property currently contains a single family home. Access to the site is from Sample and Pulaski Streets. The total site to be rezoned is six thousand fifty two (6,052 ) square feet. He noted that a site plan is not required for rezonings to "A" Residential. Additionally, Mr. Byorni noted that based on information available prior to the Area Plan Commission Public Hearing, the staff recommends that this petition be sent to the Council with a favorable recommendation. They noted that there is little or no potential for industrial development of this lot. The rezoning would bring the zoning of this site into conformance with the existing use. Further, the Area Plan Commission, at its Public Hearing held on January 18, 2000, sends this petition to the Council with a favorable recommendation. Mr. David E. Klima, Jr., 22199 Sandy Hill Lane, South Bend, Indiana, made the presentation for this rezoning. Mr. Klima informed the Council that he is the owner of this property and that the whole area is a pocket of single family homes. He encouraged the Council to change the zoning of the entire area to residential use so no one can bring a business to that area that is detrimental to the neighborhood. REGULAR MEETING FEBRUARY 14, 2000 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. 8-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, FOR THE FISCAL YEAR 2000 INCLUDING $4,169,462 FROM THE GENERAL FUND, $793,200 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $95,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $2,116,000 FROM THE COUNTY OPTION INCOME TAX FUND, $221,985 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $857,300 FROM THE PARKS AND RECREATION FUND, $253,821 FROM THE PARKS NON - REVERTING CAPITAL FUND, $4,702,000 FROM THE LOCAL ROADS AND STREET FUND, $119,951 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $176,502 FROM THE SOLID WASTE DEPRECIATION FUND, $1,898,739 FROM THE WATER WORKS DEPRECIATION FUND, $5,228,616 FROM THE SEWAGE WORKS DEPRECIATION FUND, AND $263,600 FROM THE COLLEGE FOOTBALL HALL OF FAME FUND Councilmember Aranowski reported that there was a joint meeting of the Personnel & Finance Committee and the Public Works and Property Vacation Committee this afternoon and they send this bill to the Council with a unanimous favorable recommendation. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke reviewed and highlighted some of the major expenditures that are included in this almost twenty one million dollar ($21,000,000.00) budget. He stated that he believes the budget is fiscally conservative. He noted that this budget is four million dollars ($4,000,000.00) greater than last year for a twenty -five per cent (25 %) increase. He further noted that the general fund is contributing two million dollars ($2,000,000.00) more than last year. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council in favor of this bill. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, spoke in opposition to this bill. Mr. Cierzniak noted that this budget includes one hundred and twenty five thousand dollars ($125,000.00) for a projection system for the College Football Hall of Fame. He asked if this was the same projector that was replaced approximately two (2) years ago for one hundred thousand dollars ($100,000.00). Mayor Luecke informed Mr. Cierzniak that this is the same system. A portion was replaced and now the company that was servicing that system has gone bankrupt and parts are not available. Therefore, the decision was made to replace the system. Councilmember Varner informed the Mayor that the City needs to look at places where more dollars may not be necessary. He reminded the Mayor that he made the suggestion that instead of putting more dollars into equipment for packers and trucks for garbage removal perhaps the City should look at privatization of the waste collection in South Bend. REGULAR MEETING FEBRUARY 14, 2000 In regards to the projector at the Hall of Fame, Councilmember Varner stated that since it has been discussed that the National Football Foundation might be taking over the operation of the Hall of Fame these items would be the responsibility of the NFF. He stated that he hopes that the capital budget dollars could be stretched even further. Councilmember Kelly stated that he is not aware of the final break -out of the trash collection but believes that it is a bargain for the citizens of South Bend. There being no one else present wishing to address the Council 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. BILL NO. 9-00 A BILL AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -116 OF THE SOUTH BEND MUNICIPAL CODE TO COVER ALL CITY OFFICERS AND EMPLOYEES AND ALSO THE ST. JOSEPH COUNTY TREASURER UNDER THE CITY'S BLANKET PERFORMANCE BOND Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Ms. M. Catherine Roemer, City Controller, County -City Building, Room 1400, SouthBend, Indiana, made the presentation for this bill. Ms. Roemer stated that this bill contains two (2) minor modifications to the ordinance. The first change is the inclusion of the St. Joseph County Treasurer thereby saving the City one thousand dollars ($1,000.00) a year that was spent for a separate endorsement. Secondly, this bill eliminates the language of specific dollar amounts and adds general language of individuals covered under the one million dollar ($1,000,000.00) bond. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner inquired of Ms. Roemer what portion of the cost of this bond will be for the inclusion of the County Treasurer. Ms. Roemer informed Councilmember Varner that she did not have that information but would provide it to him. Therefore, Councilmember Aranowski 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 motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: 0 orett J. Du , Ci Clerk An ew U , Ch irper 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 7:35 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. REGULAR MEETING FEBRUARY 14, 2000 BILLS - THIRD READING ORDINANCE NO. 9083 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT 1 OF OLIVE ROAD COMMERCE PARK - SECTION ONE WHICH IS RECORDED AS INSTRUMENT NO. 9715904, ALSO THE 60 FOOT WIDE "FUTURE ROADWAY EASEMENT" AS SHOWN ON LOT AA OF OLIVE ROAD COMMERCE PARK - SECTION TWO - FIRST REPLAT WHICH IS RECORDED AS INSTRUMENT NO. 9903188, ALL LOCATED IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner 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. 9084 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1129 SOUTH BEND AVENUE AND 1143 SOUTH BEND AVENUE, CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9085 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1701 W. SAMPLE 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. 9086 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, FOR THE FISCAL YEAR 2000 INCLUDING $4,169,462 FROM THE GENERAL FUND, $793,200 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $95,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $2,116,000 FROM THE COUNTY OPTION INCOME TAX FUND, $221,985 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $857,300 FROM THE PARKS AND RECREATION FUND, $253,821 FROM THE PARKS NON - REVERTING CAPITAL FUND, $4,702,000 FROM THE LOCAL ROADS AND STREET FUND, $119,951 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $176,502 FROM THE SOLID WASTE DEPRECIATION FUND, $1,898,739 FROM THE WATER WORKS DEPRECIATION FUND, $5,228,616 FROM THE SEWAGE WORKS DEPRECIATION FUND, u REGULAR MEETING FEBRUARY 14.2000 AND $263,600 FROM THE COLLEGE FOOTBALL HALL OF FAME FUND This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9087 -00 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -116 OF THE SOUTH BEND MUNICIPAL CODE TO COVER ALL CITY OFFICERS AND EMPLOYEES AND ALSO THE ST. JOSEPH COUNTY TREASURER UNDER THE CITY'S BLANKET PERFORMANCE BOND This bill had third reading. Councilmember Kelly 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. RESOLUTIONS RESOLUTION NO. 2834 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1835 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1835 Lincolnway East, South Bend, Indiana, 46613, in order to permit a family restaurant with a lounge area. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general REGULAR MEETING FEBRUARY 14, 2000 welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Catherine M. Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, made the presentation for the Board of Zoning Appeals. Ms. Brucker informed the Council that this use will be located in a vacant restaurant in a commercial area which is comparable in use. Also, the use will be surrounded by similar uses such as taverns and restaurants. Putting this building back in use will actually improve property values. Additionally, this use blends in well with the surrounding properties which contain similar uses. Therefore, this project will not impede the normal and orderly development of the surrounding properties. Mr. Ron Johnson, 525 Widener Lane, South Bend, Indiana, Petitioner, made the presentation for this Resolution. Mr. Johnson informed the Council that he intends to move a restaurant into this location. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2835 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 912 OAKLAND, SOUTH BEND, INDIANA 46615 1 REGULAR MEETING FEBRUARY 14.2000 WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 912 Oakland, South Bend, IN, in order to permit the use of the facility for parking of automobiles and related activities as contemplated by Section 21- 112(6). The existing property is a residence, and the petitioner wishes to demolish the residence for the purpose ofparking automobiles in conjunction with her current accounting facility. The property is presently zoned A- Residential. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING FEBRUARY 14, 2000 Ms. Catherine M. Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, made the presentation for the Board of Zoning Appeals. Ms. Brucker informed the Council that the proposed parking lot will be an extension of an existing lot to the east and proper screening will be provided. Also, the parking lot expansion will actually help alleviate a continuing parking problem in the area. Proper screening will be provided and therefore the surrounding property values will not be diminished. The zoning of the property will remain the same. The parking lot will act as a buffer between the commercial business to the north and the residential homes to the south. Mr. Kenneth P. Fedder, Attorney at Law, Allen, Fedder, Herendeen & Kowals, 205 West Jefferson Boulevard, Suite 606, South Bend, Indiana, made the presentation for this Resolution. Mr. Fedder informed the Council that he is present on behalf of MT, an Indiana Partnership, 300 South St. Louis Boulevard, South Bend, Indiana and the contingent purchaser Ms. Christine A. Lauber, CPA, of 1402 Mishawaka Avenue, South Bend, Indiana. Mr. Fedder stated that the property at 1402 Mishawaka Avenue will be expanded and the property at 912 Oakland will be demolished for the new parking lot. He therefore asked for the Council's favorable consideration of this special exception. 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. 2836 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2801, 2807, 2813, 2817, 2821, 2825, 2901, 2905, 2909, 2917, 3001, 3019, 2802, 2808, 2814, 2820, 2902, 2906, 2912, 2916 WEST CALVERT STREET AND 2239 SOUTH PROSPECT STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES 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 2801, 2807, 2813, 2817, 2821, 2825, 2901, 2905, 2909, 2917, 3001, 3019, 2802, 2808, 2814, 2820, 2902, 2906, 2912, 2916 West Calvert Street and 2239 South Prospect Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 2801 West Calvert Street 2807 West Calvert Street 2813 West Calvert Street 2817 West Calvert Street 2821 West Calvert Street 2825 West Calvert Street 2901 West Calvert Street 2905 West Calvert Street Legal Description Lot 1 Richland 1" Add Lot 2 Richland l' 31 ft E/S of Lot 3 Richland 151 Addition 15' e/s Lot 4 & 32' w/s Lot 3 Richland 15t Add Lot 4 & w 2' of Lot 4 Richland 1" Addition Lot 5 and w 2' of Lot 4 Richland l't Addition Lot 6 & West 5' of Lot 5 Richland l't Addition Lot 7 Richland l' Addition Key Number 18- 8110 -4170 18- 8110 -4169 18- 8110 -4168 18- 8110 -4167 18- 8110 -4166 18- 8110 -4165 18- 8100 -4164 18- 8100 -4163 1 REGULAR MEETING 2909 West Calvert Street 2917 West Calvert Street 3001 West Calvert Street 3019 West Calvert Street 2802 West Calvert Street 2808 West Calvert Street 2814 West Calvert Street 2820 West Calvert Street 2902 West Calvert Street 2906 West Calvert Street 2912 West Calvert Street 2916 West Calvert Street 2239 South Prospect Street FEBRUARY 14, 2000 Lot 8 Richland 1St Addition 18- 8110 -4162 Lot 10 Richland 1St Addition 18- 8110 -4160 Lot 11 Richland 1St Addition 18- 8110 -4147 Lot 14 & 28' e/s of Lot 15 Richland 1St Addition 18- 8110 -4144 Lot 39 Richland lst Addition 18- 8110 -4179 Lot 38 Richland lst Addition 18- 8110 -4178 Lot 37 Richland lst Addition 18- 8110 -4177 Lot 36 Richland 1St Addition 18- 8110 -4176 Lot 34 & 5'of the w/s of Lot 35 Richland 1" Addition 18- 8110 -4174 Lot 33 Richland Addition 18 -8110 -4173 Lot 32 Richland Addition 18- 8110 -4172 Lot 31 Richland Addition 18- 8110 -4171 Lot 314A Homeland Yd Add 18- 8108 -4107 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 REGULAR MEETING FEBRUARY 14.2000 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 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 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 g. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Michael E. Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski informed the Council that this request is a continuation of the many tax abatements they have requested and received before and he would appreciate the Council's consideration of tax abatement for these lots. In response to a question from Councilmember Varner, Mr. Urbanski stated that four (4) of the lots have already been sold. Also in response to a question of whether or not he still believes tax abatement is helpful, Mr. Urbanski stated that due to the fact that the interest rate is going up slightly, he believes that the tax abatement is helpful to buyers. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2837 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, U REGULAR MEETING FEBRUARY 14, 2000 INDIANA, COMMONLY KNOWN AS 702,73 0, AND 732 PENNSYLVANIA AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMERICAN HOME DREAMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 702, 730, and 732 Pennsylvania Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 732 Pennsylvania Avenue Southeast Neighborhood Redevelopment, 18- 7020 -0818 Phase One, Section Two Subdivision Lot 27 of Southeast Neighborhood Redevelopment, Phase One, Section Three Subdivision 730 Pennsylvania Avenue Southeast Neighborhood Redevelopment, 18- 7020 -0819 Phase One, Section Two Subdivision Lot 28 of Southeast Neighborhood Redevelopment, Phase One, Section Three Subdivision 702 Pennsylvania Avenue Southeast Neighborhood Redevelopment 18- 7016 -0625 Phase One, Section Two Subdivision Lot 32 of Southeast Neighborhood Redevelopment, Phase One, Section Three Subdivision as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se g., 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 REGULAR MEETING FEBRUARY 14.2000 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 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Marco J. Marian, Neighborhood Planner, Planning & Neighborhood Development, Community REGULAR MEETING FEBRUARY 14, 2000 & Economic Development, 1200 County -City Building, South Bend, Indiana, was present and made the presentation on this Resolution on behalf of the City of South Bend Board of Public Works who is a co- petitioner for this abatement. Mr. Mariani noted that this venture is a continuation of the City's partnership with American Home Dreams and asked for the Council's support. Mr. Ricardo Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, also addressed the Council concerning this tax abatement and asked for their approval. 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 Kelly advised that he has just accepted appointment to the Board of American Home Dreams. However, he receives no benefit from that position. Therefore, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2838 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3300 WEST SAMPLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KOONTZ - WAGNER ELECTRIC COMPANY, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3300 West Sample Street and which is more particularly described as follows: 657.7 On Sample Street 900 NE & 4.49 AC NE SEC 16 -37 -2E Cont. 16.63 Acres+ and which has Key Number 18- 8112 -4211, as an Economic Revitalization Area; and WHEREAS, notice ofthe adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. REGULAR MEETING FEBRUARY 14, 2000 Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council As a point of order, Council Attorney Kathleen Cekanski- Farrand noted that the presentor for this Resolution will be different from those named individuals on the tax abatement petition and the appropriate Power of Attorney has been filed with the City Clerk's office. Mr. Frank Ermeti, Koontz - Wagner Electric Company, 3801 Voorde Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Ermeti asked the Council for tax abatement for a one hundred thirty (13 0) ton sixteen foot (16') Accupress Press - brake. He noted that Koontz - Wagner Electric has been in service over seventy -nine (79) years. 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 White 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. 2840 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1418 CAMPEAU AND 1206 SORIN STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEIGHBORHOOD HOUSING SERVICES OF SOUTH BEND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1418 Campeau and 1206 Sorin Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1418 Campeau Lot #1 of Neighborhood Housing Chalfant 18 -5089 -3152 Minor Subdivision 1206 Sorin Street Lot #9 of Happ and Taggart's First Addition 18 -5078 -2732 Lot #8 of Happ and Taggart's First Addition 18 -5078 -2733 as a Residentially Distressed Area; and REGULAR MEETING FEBRUARY 14, 2000 WHEREAS, notice ofthe 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 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 ofbenefits is sufficient to justify the requested deduction, all REGULAR MEETING FEBRUARY 14, 2000 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 g. 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. Anne Bockenkamp, Executive Director, Neighborhood Housing Services of South Bend, Inc., 803 North Notre Dame, South Bend, Indiana, made the presentation for this Resolution. Ms. Bockenkamp noted that this abatement is for the development of two (2) homes in the Perley Park target area. This allows NHS to develop new housing and provide quality affordable houses in that area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. RESOLUTION NO. 2840-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 504 N. JOHNSON, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on February 7, 2000, received a petition ( "Petition") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 504 N. Johnson, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with St. Stanislaus Parish for a term of one year with a one year option to renew exercisable by the City, with an annual rental not to exceed Four Thousand, Two Hundred Dollars ($4,200.00) in the first year and Four Thousand, Two Hundred Dollars ($4,200.00) in the option year if the option to renew for the second year is exercised by the City; and WHEREAS, the Board received on February 7, 2000, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council determine that the premises are needed 1 1 1 REGULAR MEETING FEBRUARY 14, 2000 and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the property at 504 North Johnson Street, South Bend, Indiana, contains approximately one thousand (1,000) square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on February 7, 2000, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 504 N. Johnson, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with St. Stanislaus Parish for a term of one (1) year with a one (1) year option to renew exercisable by the City, with an annual rental for said premises not to exceed Four Thousand Two Hundred Dollars ($4,200.00) in the first year, and Four Thousand Two Hundred Dollars ($4,200.00) in the option year if the option to renew for the second year is exercised by the City. 5. That on February 7, 2000, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on February 7, 2000, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7. That having heard all speakers at the presentation and hearing on this Resolution and having taken into consideration facts adduced at this hearing, and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 504 N. Johnson as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. 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 South Bend Common Council 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. Lee Cotton, Neighborhood Planner, Planning & Neighborhood Development, Department of Community and Economic Development, County -City Building, 12t` Floor, South Bend, Indiana, made the presentation for this Resolution. Mr. Cotton informed the Council that the Lease of Real Property is from August 1, 1999 to and including July 31, 2000 with the option to renew. He noted that the monthly rental fee is three hundred fifty dollars ($350.00) which is the same amount they have been paying since 1994. The Partnership Center Board would like to stay at this location until they can move into a new facility. REGULAR MEETING FEBRUARY 14, 2000 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 10 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE ANGELA BOULEVARD BRIDGE LOCATED ACROSS THE ST. JOSEPH RIVER AT ANGELA BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 528 S. EDDY STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council President Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 13 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1917 CEDAR STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $13,000.00 FROM THE ETHNIC FESTIVAL NON - REVERTING FUND (FUND NO. 212) REGULAR MEETING FEBRUARY 14, 2000 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $10,000.00 FROM THE RECREATION NON - REVERTING FUND (FUND NO. 203) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTIONS 17 -46 AND 17 -47 AND ADDING A NEW SECTION TO THE SOUTH BEND MUNICIPAL CODE, SECTION 17 -46.4 REGARDING NONRECURRING CHARGES FOR CUSTOMERS OF THE SOUTH BEND WATER WORKS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 17 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY SOUTH OF SHERWOOD STREET FROM THE EAST RIGHT -OF- WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF MICHIGAN STREET TO THE WEST RIGHT -OF -WAY OF MICHIGAN STREET FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET 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 February 28, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CHANGING THE NAME OF THE STRUCTURE NOW KNOWN AS THE MORRIS CIVIC AUDITORIUM TO THE MORRIS PERFORMING ARTS CENTER AND FIXING THE TICKET SURCHARGE RATE This bill had first reading. Council President Pfeifer made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A NEW ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET FEES FOR PUBLIC RECORDS REGULAR MEETING FEBRUARY 14.2000 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTERS 4, 5, AND 10 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR SOME OF THE LICENSING FEES GOVERNED BY THE CITY OF SOUTH BEND This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,300.00 FROM THE INDIANA RIVER RESCUE FUND (FUND #291) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 22-00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $8,350.00 FROM THE HAZ -MAT FUND (FUND #289) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING AND RESTATING ORDINANCE NO. 9027-99, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on February 28, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24-00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUTT STREET FROM THE WEST RIGHT - OF -WAY OF MAIN STREET TO THE EAST RIGHT -OF -WAY OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 338.67 FEET AND A WIDTH OF 50 FEET. PART LOCATED IN THE STUDEBARER CORRIDOR 1ST & 3P'D MINOR SUBDIVISIONS AND THE GARST 1ST ADDITION, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA REGULAR MEETING FEBRUARY 14, 2000 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 February 28, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS CITIZEN PARTICIPATION ON COUNCIL COMMITTEES Council President Charlotte Pfeifer encouraged citizens to participate on the nine (9) standing committees of the Council. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council a summary of tax money spent for the College Football Hall of Fame from 1995 -1999. Mr. Cierzniak reviewed this summary for the Council as well as adding his personal comments which were part of his handout. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:16 p.m. ATTEST: Loretta J Dud , ity erk ATTEST: Charlotte Pfeifer, President