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HomeMy WebLinkAbout03-13-00 Council Meeting MinutesREGULAR MEETING MARCH 13, 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, March 13, 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 1St District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3d District Karl King 4th District David Varner stn District Andrew Ujdak 6tn District Chairperson, Committee of the Whole Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the February 28, 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 February 28, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Uj dak presiding. BILL NO. 5 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1601 KEMBLE STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial, "A" Height and Area to `B" Residential, "E" Height and Area to allow a two- story, four apartment building. REGULAR MEETING MARCH 13, 2000 Mr. Byomi further advised that the property contains a vacant commercial building. Access to the site is from Indiana Avenue and Kemble Street. The total site to be rezoned is five thousand four hundred thirty -one (5,431) square feet. The building will occupy sixty -two per cent (62 %) of the site, parking and drives will occupy thirty -six per cent (36 %) of the site and two per cent (2 %) of the site will remain as open space. Mr. Byomi additionally advised that based on information available prior to the Area Plan Commission Public Hearing, the Area Plan staff recommends that this petition be sent to the Council with a favorable recommendation subject to a final site plan. The building is currently vacant. The existing zoning would allow uses that would be more intrusive on the residential area to the south. The Area Plan Commission, at their Public Hearing held on February 15, 2000, sent this petition to the Council with a favorable recommendation. During his presentation, Mr. Byomi showed slides of the property, a map of the petition area and the site plan. Mr. Terry Lang, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of Mr. Steve Ullery, Housing Development Corporation of St. Joseph County, 521 Eclipse Place, South Bend, Indiana. Mr. Lang informed the Council that sixty (60) to seventy (70) years ago this property was used as a neighborhood bank. Since that time the building has been used for a variety of commercial uses but most recently it has been vacant. Mr. Lang indicated that the Housing Development Corporation would like to divide the building into good size apartments. He noted that it has come to their attention that the resident to the south of this property has some concerns. He further noted that this property, as currently zoned, could be used for less desirable businesses and changing the zoning to residential multi - family use would have less of an impact on the neighborhood. Mr. Lang informed the Council that Mr. Ullery from Housing Development Corporation was present if they had any further questions. 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 Aranowski indicated that he is a Board member of the Housing Development Corporation. He also indicated that Council Attorney Kathleen Cekanski- Farrand has determined that there is no conflict of interest and he will therefore be voting on this matter. Additionally, Council President Pfeifer stated that she is also a Board member of the Housing Development Corporation and she has no personal gain by voting on this matter. As a point of clarification, Councilmember Varner inquired of Mr. Lang if he was correct in that this building was going to be converted into four (4) two (2) story apartments. Mr. Lang indicated that that was correct and also that the Housing Development Corporation would be shoveling the snow of the next door neighbor. Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 11 -00 PUBLIC HEARING 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 Councilmember White advised that the Petitioner has asked that this bill be continued until the April 10, 2000 meeting of the Council. Therefore, Councilmember Kelly made a motion to continue this bill until the April 10, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING MARCH 13.2000 BILL NO. 24-00 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 STUDEBAKER CORRIDOR 1ST & 3RD MINOR SUBDIVISIONS AND THE GARST 1ST ADDITION, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Petitioner has asked that this bill be continued until the March 27, 2000 meeting of the Council. For the record, it was noted that the attorney of record handling the remonstrance of this vacation has objected to this continuation. Councilmember White made a motion that this bill be continued until the March 27, 2000 meeting of the Council as requested. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember White 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. 1 ATTEST: ATT L 6a, ity Clerk dr , hairper Committee of he 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 7:15 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCENO. 9100 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1601 KEMBLE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 2845-00 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 702 S. CARROLL STREET, 722 S. CARROLL STREET, SOUTH BEND, 1 1 1 REGULAR MEETING MARCH 13.2000 INDIANA, 46624, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CURTIS PRODUCTS, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 702 S. Carroll Street and 722 S. Carroll Street, South Bend, Indiana, and which is more particularly described as follows: Lot A Monroe Sample Replat Lot B Monroe Sample Replat Lot G Monroe Sample Replat Lot E Monroe Sample Replat Lot F Monroe Sample Replat and which has Key Numbers 18- 3025 -0910, 18- 3025 -0912, 18- 3021 -0793, 18- 3024 - 090101, 18- 35104- 03004, 18- 3092 -3513, 18- 3025- 090401, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. seg., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being REGULAR MEETING MARCH 13, 2000 prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jeff McGowan, Kruggel Lawton & Company, 210 South Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this Resolution. Mr. McGowan advised that Mr. John Heckaman, Vice - President, Curtis Products, Inc., was also present this evening. Mr. McGowan informed the Council that Curtis Products is requesting a five (5) year personal property tax abatement for two (2) specific pieces of machinery which are an electric tube bending machine and a Hautau C30 single -end tube finishing machine, for a total cost of three hundred ten thousand dollars ($310,000.00). Mr. John Heckaman,1520 East LaSalle, South Bend, Indiana, described to the Council the two (2) pieces of machinery that he will be purchasing as well as their functions in the business. 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. 2846 -00 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: 5550 CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A 6 (SIX) YEAR REAL PROPERTY TAX ABATEMENT FOR: USF HOLLAND, INC. REGULAR MEETING MARCH 13.2000 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 5550 Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A part of the Northwest quarter of Section 20, Township 38 North, range 2 East, German Township, St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said quarter section; thence S 00'48'35" E. along the East line of said quarter section 1773.14 feet (1758.34 feet deed): thence S 89'34'08" W, 30.00 feet (S 89'11'25" W Deed) to a point on the West right -of- way line of Mayflower road and the point of beginning of this description; thence S 89'32'43" W, 564.69 feet meas. (West 594.00 feet deed) along the right -of -way of the Indiana Toll Road; thence S 00'11'18" E, 206.53 feet meas. (South, 206.63 feet deed) along the Indiana Toll Road right -of -way; thence S 89'38'41" W, 1361.44 feet meas. (West, 1361.3 feet deed) along the Indiana Toll Road right -of- way; thence N 00'43'34" W, 893.34 feet meas. (North, 875 feet deed); thence N 89'33'38" E, 257.96 feet meas. (251.84 feet deed) to the Southerly right -of -way of Cleveland Road by -pass; thence around a 1532.05 foot (1532.39 foot deed) radius curve to the left an arc distance of 528.07 feet (507.71 feet deed) to the end of a chord which bears S 67'41'32" E, (S 68'04'30" E deed) having a distance of 525.46 feet (505.39 feet deed) S 77'34'00" E, 1144.87 feet deed S 39'09'52" E, 115.08 feet meas. (116.17 feet deed) to the West right -of -way line of Mayflower Road; thence S 00'48'35" E. 140.60 feet meal. (125.32 feet deed) the point of beginning. Containing 26.312 acres more or less subject to all legal highways, easements and restrictions of record. and which has Key Number 25- 1018 -0618, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea.' and South Bend Municipal Code Sections 2 -76 et. sea•,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seg., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. REGULAR MEETING MARCH 13, 2000 B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be 'retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employent will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Noppenberg, General Manager, 11720 Anderson Road, Granger, Indiana, made the presentation for this Resolution. Mr. Noppenberg informed the Council that this business has been at the Cleveland Road location since 1989. This area is ideal as it provides access to the Toll Road and the by -pass. This tax abatement is requested for the construction of a one hundred twenty (120) door facility to accommodate the growth of the company. It is estimated that the project will cost seven million REGULAR MEETING MARCH 13, 2000 dollars ($7,000,000.00). A Public Hearing was held on the Resolution at this time. -- There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. 2847 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S. MAIN STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL, 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 1902 S. Main Street, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140'E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PT OF W V2 SW 1/4 SEC 13 -37 -2E CONT 1.94 AC +- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35,36 & N 18' VAC BOWMAN ST & 14' VAC ALLEY W OF ADJ & S %2 VAC ALLEY N & ADJ TO LOT 35 BOWMAN'S 1sT ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E % VAC ALLEY W & ADJ & N % VAC ALLEY SO & ADJ BOWMANS 1sT ADD LOTS 18 THRU 22 & E %2 VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD and which has Key Numbers 18 8010 0451; 18 8010 046601; 18 8010 0453; 18 8011048901; 18 8012 0567; 18 8012 056701, as an Economic Revitalization Area; and REGULAR MEETING MARCH 13, 2000 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et 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 Counncilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jeff McGowan, Kruggel Lawton & Company, 210 South Michigan Street, Suite 200, South Bend, Indiana, made the presentation for this Resolution. Mr. McGowan advised the Council that he is representing General Sheet Metal, Inc., which provides fabricated metal products to the lawn and garden and towing equipment industries. Mr. McGowan noted that this tax abatement is requested for the purchase of equipment in the amount of one million dollars ($1,000,000.00). This project will create eight (8) new permanent full time jobs representing a new annual payroll of two hundred forty thousand dollars ($240,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2848 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1910 LINCOLN WAY EAST TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR G.D. & A.M. MC DANIEL (DBA MC DANIEL'S HARLEY- DAVIDSON) 1 I n REGULAR MEETING MARCH 13, 2000 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 1910 Lincoln Way East, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the East Half of the Southeast quarter of Section 18, Township 37 North, Range 3 East, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the North right of way of Consolidated Rail Corporation (Conrail) and the west right of way of Ironwood Drive, identified at 64.01 feet left of Line "PRA" at Station 151 +22.25 on Sheet One of the Right of Way Dedication sheet obtained from Cole Associates, Inc. and prepared for the St. Joseph County Ironwood Conrail Project No. 5612 -76; thence South 88 °39'00" West along the north line of said railroad right of way 238.40 feet to a 3/4" pinch pipe; thence continuing South 88 °39'00" West along said north line 187.70 feet to a 3/4" rebar; then North 0 °36'24" East 148.41 feet to the south line of Lincolnway East; thence easterly and souther along said south line the following courses and distances: South 88 °06'00 ", East 149.90 feet; South 85 °50'49" East 37.17 feet; South 00 °15'36" East 25.50 feet; South 82 °16'12" East 194.24 feet; South 40 °08'58" East 71.17 feet; thence South 00 °03'55" East 24.70 feet to the point of beginning of this description. Containing 1.09 acres. Subject to public rights of way and other easements and encumbrances or record. and which has Key Number 18- 7079 -2894, 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. 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 six (6) 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. 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 REGULAR MEETING MARCH 13, 2000 Councilmember Kelly reported that the Coininunity and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Duane McDaniel, 59100 Beech Road, South Bend, Indiana, made the presentation for this Resolution. Mr. McDaniel indicated that he has been in business for the past thirty -one (3 1) years and had operated from 910 Lincolnway East since 1989. This tax abatement is requested in order to build an eleven thousand two hundred (11,200) square foot addition to the existing building. He noted that he acquired this property from the County. He further noted that seven (7) new jobs will be created with a new annual payroll of one hundred eighty -one thousand dollars ($181,000.00) and he will maintain the existing twelve (12) full time and five (5) part -time jobs at an annual payroll of four hundred thirty -two thousand six hundred thirty -eight dollars $432,638.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2849 -00 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 ANNEXED AREA IN CENTRE TOWNSHIP (ROYAL OAK ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate located in Centre Township, St. Joseph County, Indiana, more particularly described in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed voluntarily by all (100 %) of its owners consists of approximately 86.569 acres of relatively flat land of which the east side of the site contains a church building and the west side of the site is being developed as a residential subdivision. The annexation area is generally located on the south side of Johnson Road, approximately 1300 feet west of Miami Road and it is at least 12.5% contiguous to the current City limits. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, sewage collection, solid waste and yard pick -up as well as recycling services, and services of a capital improvement nature, including construction of streets and roads, a sewer collection system, a water distribution system and a street lighting 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 construction of streets and roads, 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 1 J J REGULAR MEETING MARCH 13, 2000 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 appropriate and the adoption of which as the plan and policy for the City of South Bend, the Common Council finds to be in the best interests of the City. 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 Centre Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land being of the East Half of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at the intersection of the Centerline of Johnson Road, also being the Old Indiana - Michigan Boundary Line, and the East Line of said Section 36, also being the Centerline of Miami Highway; thence North 89 Deg 50 Min 52 Sec West along said Centerline of Johnson Road, 1,307.63 feet to the Place of Beginning. Thence Northerly 40.00 feet to the North Right -Of -Way Line of Johnson Road; thence North 89 deg 50 Min 52 Sec West along said North Right -Of -Way Line, 1,206.75 feet; thence South 0 Deg. 11 Min 27 Sec West, 285.12 feet; thence North 89 Deg 48 Min 33 Sec West, 177.00 feet to the North -South Centerline of said Section 36; thence South 0 Deg 11 Min 27 Sec West along said North -South Centerline, 1,600.83 feet; thence North 86 Deg 41 Min 40 Sec West, 1377.72 feet; thence Northeasterly 718.93 feet; thence Easterly 414.58 feet; thence Northerly 962.00 feet; thence Westerly 1,047.13 feet, thence Northerly 638.20 feet to the Place of Beginning. 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 street and road maintenance, police and fire protection, solid waste and yard pick -up as well as recycling services, 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 sewer and water facilities and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services area 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 South Bend 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. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council REGULAR MEETING MARCH 13, 2000 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi informed the Council that this Resolution contains the fiscal plan portion of the ordinance for voluntary annexation. He noted that the City must show their ability and capability to provide service to this site. Mr. Magliozzi stated that a majority of the eighty -six (86) acre site is vacant with a church building located on the eastern part. In regards to services, Mr. Magliozzi stated that water and sewer are available to the site. This area will be added to Beat #15 of the Police Department and will be serviced by Fire Station #10. Mr. Magliozzi informed the Council that due to the change in state law regarding annexations, cities must be more diligent in compiling their fiscal plans to show the costs of services. The City of South Bend is still toying with the proper formulas to use in computing these costs. He noted that for the purpose of this fiscal plan, the operating budgets of the departments were divided by ail area of twenty -five thousand forty -five (25,045) square miles resulting in a cost per square mile. He referred the Council to page eight (8) of the fiscal plan for this information and stated that the fiscal plans will get more sophisticated in the future. 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. 2850 -00 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 ANNEXED AREA IN GERMAN TOWNSHIP (STASZEWSKI ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate located in German Township, St. Joseph County, Indiana, more particularly described in Section I of this Resolution; and WHEREAS, the property proposed to be annexed consists of approximately 0.5 acres having general boundaries on the east side of Olive Road approximately 1300 feet north of Cleveland Road and it is approximately 70% contiguous to the current City limits. The development of the territory proposed to be annexed will require a basic level of municipal public services, including police and fire protection, street and road maintenance, sewage collection, solid waste and yard pickup as well as recycling services, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting 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, REGULAR MEETING MARCH 13, 2000 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 area provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land being in the Southwest Quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at the southwest corner of Section 19, Township 38 North, Range 2 east; thence Northerly 2,855.36 feet to a point, said point being the intersection of the Westerly line of said section and the centerline of the Indiana East -West Toll Road; thence Easterly along the centerline of said Toll Road 1,019.36 feet to a point, said point being the intersection of Olive Road and said Toll Road; thence Southerly along the centerline of Olive Road 1,416.28 feet; thence Easterly 20 feet to the easterly right -of -way line of Olive Road and place of beginning; thence Easterly 180 feet to a point; thence Southerly 120 feet to a point; thence Westerly 180 feet to a point; thence Northerly 120 feet to the point and place of beginning. 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 street and road maintenance, police and fire protection, solid waste and yard pick -up as well as recycling services, 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 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 South Bend 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. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council REGULAR MEETING MARCH 13, 2000 Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi indicated that this annexation consists of a property surrounded by property already in the City. There is a house on the property that was built in the 1930's or 1940's. It is the Department of Redevelopment's intention to purchase this property and demolish the house in order to develop the area. This is therefore City initiated and essentially voluntary. Mr. Magliozzi noted that this property is surrounded by industrial development. Mr. Magliozzi advised that the appropriate City departments were notified of this proposed annexation and they responded that City services could be provided to this area. The Police Department will add this area to Beat #22 and the Fire Department will service this area through Fire Station # 11. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 99 -126 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR BANGOR REFRIGERATION CORPORATION (NOW KNOWN AS KYSOR/WARREN) Councilmember Kelly made a motion that this bill be stricken at this time at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 26-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS DESCRIBED AS BENDIX DRIVE FROM THE SOUTH RIGHT - OF -WAY OF THE FIRST EAST -WEST ALLEY SOUTH OF CALVERT STREET TO THE SOUTH RIGHT -OF -WAY OF DELAWARE STREET FOR A DISTANCE OF APPROXIMATELY 398 FEET AND A WIDTH OF 60 FEET. THE SECOND STREET TO BE VACATED IS DESCRIBED AS DELAWARE STREET FROM THE WEST RIGHT -OF -WAY OF BENDIX DRIVE TO THE EAST RIGHT -OF -WAY OF VACATED KALEY STREET FOR A DISTANCE OF 250 FEET AND A WIDTH OF 60 FEET. BOTH STREETS ARE LOCATED IN THE RICHLAND 2ND ADDITION, CITY OF SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 March 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING MARCH 13, 2000 BILL NO. 27-00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE LOCATED AT 302 WEST WASHINGTON, COMMONLY KNOWN AS THE REMEDY BUILDING, IN THE CITY OF SOUTH BEND, INDIANA Councilmember King made a motion to consider the substitute version of this bill which corrects the address in the title. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SUBSTITUTE BILL NO. 27 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE LOCATED AT 501 WEST COLFAX, COMMONLY KNOWN AS THE REMEDY BUILDING, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on March 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28 -00 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES 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 April 10, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29-00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MCPHERSON STREET FROM THE NORTH RIGHT - OF -WAY OF WESTERN AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST/WEST ALLEY NORTH OF WESTERN AVENUE FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE WILLETT'S SUB. OF BANK OUTLOT 89, SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 March 27, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF THE NORTH SIDE OF MAPLE ROAD LOCATED BETWEEN PORTAGE ROAD ON THE EAST AND SANDWOOD DRIVE ON THE WEST, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman 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 March 27, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING UNFINISHED BUSINESS: MARCH 13, 2000 REQUEST FOR CITIZEN MEMBERS FOR COUNCIL STANDING COMMITTEES President Pfeifer noted that the Council still does not have sufficient citizen member participation on the nine (9) standing committees of the Council. She urged anyone who was interested to call any of the Council members or the City Clerk's office. COUNCIL E -MAIL ADDRESSES NOW ON THE CITY'S WEB PAGE President Pfeifer informed the public that the Councilmembers individual e-mail addresses are now listed on the City's web page. She noted that individuals who do not have a personal computer at home can use the computer at the St. Joseph County Public Library to send e-mail messages to the Council and the Councilmember will respond in writing to the individuals home. CHRISTMAS IN APRIL - DATE SET Councilmember Ujdak advised that there will be a press conference on Friday, March 17'h to announce that Christmas In April will be held on April 150, in the near northeast neighborhood. Councilmember Uj dak asked anyone interested in volunteering for this event to please give him a call. REQUEST FOR REVIEW OF INTERSECTION OF JOHNSON & O'BRIEN Councilmember White asked that the City look at the intersection of Johnson and O'Brien Streets to see if a four (4) way stop should be put there in place of the current two (2) way stop. She noted that this is the location of a recent fatal accident. NEED TO ADDRESS CRITICAL ISSUES IN THIS COMMUNITY Councilmember White inquired whether the Public Works and Property Vacation Committee and the Health and Public Safety Committee could begin to look at the legal issues of this community with respect to another unfortunate incident. She sited the recent homicide on Dayton Street and stated that the City needs to address this critical issue in the community. President Pfeifer encouraged neighborhoods to come together at this time. CITY ON DISPLAY - APRIL 6-7,2000 President Pfeifer advised that the annual "City on Display" will take place on April 6 -7, 2000 at Scottsdale Mall. She noted that Common Council members will be present to meet people and inform them about the City. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, Councilmember Coleman made a motion to adjourn. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes and the meeting was adjourned at 7:45 p.m. ATTEST: r 'A'�k 14, Lo etta J. P44, City Clerk ATTEST: Charlotte Pfeifer, Presi n