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HomeMy WebLinkAbout08-14-00 Council Meeting MinutesREGULAR MEETING AUGUST 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, August 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 1st District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly Yd District Karl King 4th District David Varner Andrew Ujdak 5th District 6th District Chairperson, Committee of the Who Sean Coleman At -Large Al `Buddy" Kirsits At -Large Absent: Karen L. White At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 24, 2000 and July 31, 2000, meetings of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Kelly made a motion that the minutes of the July 24, 2000 and July 31, 2000 meetings of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS: ANNOUNCEMENT OF BUDGET HEARINGS Councilmember Aranowski announced that the Personnel and Finance Committee would begin budget hearings on August 21st through September 7, 2000. He stated that the public is welcome to attend and participate in these meetings. WELCOME TO BOY SCOUT TROOP 173 President Pfeifer acknowledged and recognized Boy Scout Troop 173 from Grace United Methodist Church who were present this evening. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Aranowski made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Ujdak presiding. BILL NO. 43-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1533 IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill from the agenda at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING AUGUST 14, 2000 BILL NO. 50 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1212 W. FORD ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Uj dak 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 "A" Residential, "A" Height and Area to "A -1" Residential, "A" Height and Area to allow a duplex. Mr. Byorni noted that the property currently contains a single family home zoned "A" Residential. Access to the site is from Ford Street. The total site to be rezoned is six thousand three hundred thirty -six (6,336) square feet. 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. Although the proposed zoning is a more intense use than the existing use, it is more restrictive than the `B" Residential zoning district adjacent to the property. Further, the Area Plan Commission, at its Public Hearing held on July 18, 2000, sent this petition to the Council with a favorable recommendation. Mr. Jeffery Polanskey, 737 Sylvan Lane, South Bend, Indiana, made the presentation for this petition. Mr. Polanskey informed the Council that he is requesting this change from a single family to multi- family dwelling. He noted that when he purchased this house there were already two (2) kitchens and two (2) bathrooms and the only thing he needs to do is close off an interior stairwell. 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 eight (8) ayes. BILL NO. 54 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTIUSOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT -OF -WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT -OF -WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE'S ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation subject to the amendment as recorded. Mr. Shane Sult,1846 Winston Drive, South Bend, Indiana, advised that he represents the petitioner, Olivet African Methodist Church, 719 North Notre Dame Avenue, South Bend, Indiana. He noted that the church is requesting to vacate this alley in order to put a parking lot on the west side of the building and the vacant property they own. He further noted that he has hired the law firm of Barnes and Thornburg to prepare the Easement Agreement as discussed previously and as soon as he has that document he will have it recorded. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING AUGUST 14, 2000 There was no one present wishing to speak to the Council in favor of this petition. Mr. Russell Sanford, 237 North Michigan Street, South Bend, Indiana, indicated that he was present on behalf of Ms. Clara Thibeau, 735 Notre Dame Avenue, South Bend, Indiana. Mr. Sanford advised that Ms. Thibeau's property is located on the northern most portion of the alley. If the alley is vacated, Ms. Thibeau would acquire additional property because of the vacation. Her opposition to this vacation is because of her budget. Higher taxes would be a burden to her and for that reason she opposes the vacation of the alley. In rebuttal, Mr. Sult stated that, based on his experience working in the auditor's office for eight (8) years, he anticipates that Ms. Thibeau's additional taxes for this rear footage would be about one dollar and eighty -four cents ($1.84) per year. Councilmember King noted that he has been aware of the church's request which will be beneficial to the neighborhood as individuals attending church at this time are parking on the streets and this is inconvenient to the residents. Also, with the paving of the lot the disarray behind the church will get cleaned up. He further noted that the vacation meets all the legal requirements and he will therefore be supporting the petition. Councilmember Varner inquired whether the discussed Easement Agreement would still be required for this vacation to become effective. Council Attorney Kathleen Cekanski - Farrand confirmed that the recording of the Easement would be required. Council President Pfeifer inquired whether or not Ms. Thibeau had the option of accepting or not accepting the portion of the vacated alley behind her property. Council Attorney Kathleen Cekanski - Farrand indicated that by state law the division would be made. She noted that perhaps Mr. Sanford could negotiate an agreement with the church regarding the additional fee for taxes. Council Attorney Cekanski - Farrand, for the record, re -read the amendment passed by the Council at its July 24, 200, meeting concerning this matter. It is as follows: Section V. Add to current language in Section V.: , and it shall be subject to the Petitioner recording an Easement Agreement providing for cross access arrangements for the owners of Lots 16 and "A ". There was no one else present wishing to speak to the Council in opposition to this bill. Therefore, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERNMOST 15' STRIP OF PROPERTY FROM THE NORTHWEST CORNER OF LOT A IN E & M GOERNER REPLAT THENCE EAST ALONG LOTS 47,41 & 35 OF SORIN'S 2ND ADD. PART LOCATED IN E & M GOERNER REPLAT AND SORIN'S 2ND ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation subject to the incorporation of the corrected legal description. Councilmember Varner made a motion to accept the corrected legal description in Section I of the ordinance. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING AUGUST 14.2000 Mr. Edward Cour, 1024 Napoleon Boulevard, South Bend, Indiana, Petitioner, made the presentation for this bill. — Mr. Cour stated that this petition addresses a fifteen foot (15') strip of land from Notre Dame Avenue to Eddy Street on the south side of Napoleon. This is a right -of -way that if invoked could cause _ considerable loss of property and could encroach very closely onto some of the homes in the area. He further noted that the residents had no indication of this issue when they purchased their houses. Mr. Cour therefore requested approval of this petition. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Dr. Joe Harman, 1136 North Notre Dame Avenue, South Bend, Indiana, informed the Council that his property is located on the northwest portion of this strip of land. He noted that fifteen (15) feet would encroach very closely to their homes along the Napoleon side. He further noted that he currently has a large strip of lilac that he maintains and, in fact, his home, built in 1889, is on the national historic register and is known as "The Lilacs." In conclusion, Dr. Harmon stated that he is strongly in favor of this vacation. There was no one else present wishing to speak to the Council in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Council Attorney Kathieen Cekanski- Farrand noted that previously the owner of Lot #36 voiced his - concerns about this vacation. In that regard, Councilmember King has submitted a history of the vacation of the alley behind that property. She noted that based on that information, there was no grounds for remonstrance of the vacation. Councilmember King clarified that the concern of this resident was about access across this strip to utilize the alley behind his property which was vacated since 1983 with other parts having been vacated in stages back to 1933. BILL NO. 51 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING TO THE LOCATION REQUIREMENTS OF OUTDOOR ADVERTISING SIGNS AND REVISING THE TIME FRAME FOR ISSUING SIGN PERMITS Councilmember Ujdak advised that this bill is a substitute which was already accepted at a prior meeting. Additionally, he 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 this proposed ordinance was Council initiated and amends Chapter 21, Zoning, Article 10, Sign Regulations, of the South Bend Municipal Code by revising and adding to the location requirements of outdoor advertising signs and revising the time frame for issuing sign permits. The Area Plan Commission, at its Public Hearing held on July 18, 2000, sent this bill to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING AUGUST 14, 2000 Mr. Fozo advised that this bill would clear up a complicated section of the zoning ordinance. At the current time outdoor advertising is based upon the angle that its sits according to the street that its advertising towards. The range could be between three hundred feet (300) and five hundred feet (500) between signs depending upon those angles. It is believed that it would be simpler to have one (1) flat distance between all signs. That distance would be seven hundred fifty feet (750') which is the requirement in the County. The bill also contains language that limits signage along limited access highways. When the original ordinance was written the boundaries did not go out to the Toll Road and the Bypass. With limited access highways the City needs the distance between signage and that is set at one thousand (1,000) feet. The other change is to increase the distance away from residential, churches, historical landmarks and rivers from sixty feet (60') to one hundred feet (100'). The last change is to increase the amount of turn around days in the permit process. Currently the turn around is five (5) days. However, because of the volume of permits going through the Building Department, it was found that five (5) days was not long enough and therefore that is being changed to fifteen (15) days. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Peter Oshanowski, 21358 Ireland Road, South Bend, Indiana, General Manager, Vice- President of Burkhart Advertising, informed the Council that they support this ordinance. The proposed changes are similar to ordinances that have been adopted elsewhere. There was no one else present wishing to speak to the Council either in favor of this ordinance and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 61 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AMENDING CHAPTER 14, ARTICLE 2, SECTION 14 -8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. Mr. John Broden, City Attorney, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Broden informed the Council that recently the curfew ordinance in the City of Indianapolis was struck down. He stated that the City of South Bend's curfew ordinance was modeled after a state statute that was essentially model legislation. Because it was felt that the City ordinance may also be challenged, the City has worked with other communities and has read the court's opinion and have made some minor changes. The amendment adds exceptions for various freedom of speech activities and sponsored civic organizations as well as for an emergency with written permission. He noted that it is hoped that these changes will make the South Bend ordinance constitutional so it can continue to be enforced through the summer months. 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. REGULAR MEETING AUGUST 14, 2000 Mr. Leon Townsend, 525 North Hill Street, South Bend, Indiana, informed the Council that he feels the South Bend curfew ordinance is more restrictive than other cities. He noted that the county and other surrounding cities have different laws. - In rebuttal, Mr. Broden stated that he is not familiar with the County ordinance nor with the City of Mishawaka. He reiterated that the City ordinance is modeled after the state statute which allows individuals ages sixteen (16), seventeen (17) and eighteen (18), to be out until 11:00 p.m. on week days and 1:00 a.m. on weekends, and individuals fifteen (15) and under to be out no later than 11:00 p.m. on week days and weekends. He noted that he is unaware if the County and Mishawaka have followed the model but felt that the City of South Bend ordinance was reasonable. There was no one else present wishing to speak to the Council in opposition to this bill. In response to Councilmember King's inquiry regarding the background of the model legislation, Mr. Broden explained that it is part of the juvenile Indiana Code and was to be used as a model or guide. South Bend, like many other cities, followed the model and enacted legislation similar to that. Councilmember Varner noted that he will be supporting this bill and in regards to other cities having different laws as mentioned by Mr. Townsend, he would encourage them to bring their ordinances into line with the state model because it makes no sense to make the ordinance more loose. Therefore, Councilmember King made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 62-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED BUILDING Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, made the presentation for this bill. Mr. Fozo stated that this bill updates the fee ordinance and building permit fees in the County and City. A similar bill is before the County Council as well. He reminded members of the Council that the two (2) departments merged in 1992 and in 1994 they became an enterprise fund operating off of their revenues. The fees were monitored and they continued to have a reserve until this year. Therefore, it was determined that they had to look at increasing permit fees. Mr. Fozo noted that the bill submitted today is for an increase of building permits of which there are two (2) different types. One is new construction of buildings, additions, residential or commercial which currently is based on five cents ($.05) a square foot. The new rate will be at six cents ($.06) a square foot. The other increase is based on valuation which involves reproofs and major remodeling. That is based on valuation which starts at five dollars ($5.00) per thousand and as it goes higher it breaks down to four dollars ($4.00) per thousand and then down to three dollars ($3.00) per thousand. There will also bean increase for demolition permits and sign permits which are flat fees. The demolition fee is based on the number of stories and the square footage of the building and the sign permit is based on the square footage of the sign. A change is also proposed in the wording of the testing for licensing for electrical and mechanical contractors. The tests were given twice a year. However, since that time the City has become one of six test sites and this allows a contractor various times of the years to take tests rather than the two (2) times that was being offered by ordinance. The last change is the registration of sign contractors. Currently every contractor doing work either has to be licensed or registered. However, the sign companies were not originally included in that registration requirement. This registration will have a seventy -five REGULAR MEETING AUGUST 14, 2000 dollar ($75.00) annual fee along with a five thousand dollar ($5,000.00) bond to be posted. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. i ATTES Andrew Ujdak, C Committee of the 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 7:45 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9121 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1212 W. FORD ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9122 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT -OF- WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT- OF-WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE' S ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Kelly made a motion to consider the amended version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as amended. Councilmember Aranowski seconded the motion which carried by a roll call vote of eight (8) ayes. 1 1 REGULAR MEETING AUGUST 14.2000 ORDINANCE NO. 9123 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTHERNMOST 15' STRIP OF PROPERTY FROM THE NORTHWEST CORNER OF LOT A IN E & M GOERNER REPLAT THENCE EAST ALONG LOTS 47,41 & 35 OF SORIN'S 2ND ADD. PART LOCATED IN E & M GOERNER REPLAT AND SORIN'S 2ND ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to accept the amended version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Varner made a motion to pass this bill as amended. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9124 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 10, SIGN REGULATIONS, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING TO THE LOCATION REQUIREMENTS OF OUTDOOR ADVERTISING SIGNS AND REVISING THE TIME FRAME FOR ISSUING SIGN PERMITS This bill had third reading. Councilmember Kelly made a motion to consider the amended version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried by a roll call vote of eight (8) ayes. ORDINANCE NO. 9125 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AMENDING CHAPTER 14, ARTICLE 2, SECTION 14 -8 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND This bill had third reading. Councilmember Ujdak made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. ORDINANCE NO. 9126 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED BUILDING This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 2911 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 14, US 31 INDUSTRIAL PARK TO BE AN ECONOMIC REGULAR MEETING AUGUST 14.2000 REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR DRAGA INVESTMENTS, LLC (INDIANA SUPPLY CORP.) 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 Lot 14, US 31 Industrial Park, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25 -1016- 0600001, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council 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 (insert number of years () 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 Mr. Joe Velleman, 5434 Field Gate East, South Bend, Indiana, informed the Council that he is present on behalf of David Draga, Draga Investments, LLC. Mr. Velleman noted that they are going to build a twenty five thousand (25,000) square foot warehouse facility in the US31 Industrial Park for the purpose of warehousing and supplying HVC contractors in the South Bend area. Initially they will employ six (6) to eight (8) employees and up to sixteen (16) to eighteen (18) when the business grows. The new annual payroll will be two hundred twenty -five thousand dollars ($225,000.00) to two hundred fifty thousand dollars ($250,000.00). 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 1 1 REGULAR MEETING AUGUST 14.2000 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 eight (8) ayes. RESOLUTION NO. 29 12 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN CITY OF SOUTH BEND COMMONLY KNOWN AS 1217 S. WALNUT STREET SOUTH BEND, INDIANA AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KOKOKU WIRE INDUSTRIES CORPORATION 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 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter (1/4) of Section Fourteen (14) and the Northeast Quarter (1/4) of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.85 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00 degrees 00 minutes 49 seconds East along said West line of Walnut Street 479.91 feet; thence South 89 degrees 54 minutes 12 seconds West, 725.03 feet; thence South 61 degrees 54 minutes 12 seconds West, 42.91 feet; thence South 89 degrees 23 minutes 32 seconds West, 437.13 feet; thence North 00 degrees 00 minutes 49 seconds West parallel with said West line of Walnut Street, 504.26 feet; thence North 89 degrees 55 minutes 05 seconds East, 1200 feet to the place of beginning. Subject to legal highways. Subject to any and all easements, restrictions or rights of way of record. Subject to any and all current; non - delinquent real estate taxes. Subject to a Party Wall Agreement dated June 14, 1974, by and between Aldason Corporation, an Indiana corporation and American Chain & Cable Company, Inc., a New York corporation, recorded June 17, 1974 in the Office of the Recorder of St. Joseph County, Indiana, in Miscellaneous Record 285, pages 77 -80. Subj ect to a Permanent Easement Agreement dated June 14,1974, by and between Aldason Corporation, an Indiana corporation and American Chain & Cable Company, Inc., a New York corporation, recorded June 17, 1974 in the Office of the Recorder of St. Joseph County, Indiana, in Deed Record 787, pages 381 -388. REGULAR MEETING AUGUST 14.2000 and which has Key Number 18- 8021 - 084503, 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 pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. sea.• that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. 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. REGULAR MEETIN G AUGUST 14, 2000 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Richard J. Deahl, Barnes & Thornburg, 6001St Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Deahl noted that this abatement is for a proposed investment of four hundred thirty thousand dollars ($430,000.00) to five hundred thirty thousand dollars ($530,000.00) in new machinery and equipment. The equipment is multi functional and will allow them to produce a wider variety of products more efficiently. With this investment they will be able to increase their efficiency in production and produce a wider variety of products more cost effectively. This is one of two (2) investments that they are desiring to make which will allow them to maintain their current workforce of sixty -two (62) full time and one (1) part-time position with an annual payroll of approximately $1.8 dollars. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2913-00 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 5795 BRICK ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC 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 5795 Brick Road, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25 -1009 -0152, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et. sea.•and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine REGULAR MEETING AUGUST 14, 2000 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the 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 ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption REGULAR MEETING AUGUST 14.2000 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 made a motion to hear the substitute version of this Resolution. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Bill Cupp, no address given, with GWSB Properties, LLC, made the presentation for this Resolution. Mr. Cupp stated that they are requesting this tax abatement for a one hundred ninety -eight thousand (198,000) square foot warehouse that they are building for their tenant, Global Motorsport Group, Inc., distributors of motorcycle parts and accessories. This building will be one (1) of three (3) distribution centers that they will have in the United States and it is anticipated that they will employ fifty (50) new employees in the first year. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. Mr. Leon Townsend, 525 North Hill Street, South Bend, Indiana, informed the Council that South Bend has a tax crunch and now the City is giving it away for sixty (60) jobs. He noted that the most tax burden is on the poor and he feels that if this gentleman wants to build a facility that he should pay his fair share of taxes. Councilmember Varner explained to Mr. Townsend that tax abatement does not mean that this new company will not pay any taxes. It means that over a ten (10 year period there will be $1.35 million in taxes abated but the company will still pay $1.35 million dollars over that ten (10) year period. Also, if a new company comes to town and pays one million dollars ($1,000,000.00) in property taxes the City does not get an extra million dollars because it is divided. The benefit is that a building will be on the property tax rolls for the next thirty (30) to forty (40) years. There being no one else present wishing to speak to the Council 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 eight (8) ayes. RESOLUTION NO. 2914 -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 3815 RALPH JONES DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR RALPH JONES PARTNERS L.P. REGULAR MEETING AUGUST 14, 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 3815 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: SOUTHEAST CORNER, LOT 2, TOLL ROAD INDUSTRIAL PARK, SECTION 1 and which has Key Number 25- 1013 - 0217.01, 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. sep. 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality 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 REGULAR MEETING AUGUST 14.2000 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. Frank Perri, Partner with the Petitioner Ralph Jones Partners and employed by the Holladay Corporation, 227 South Main Street, South Bend, Indiana, made the presentation for this abatement. Mr. Perri stated that they are excited to announce that Savor North America is opening a new business in South Bend and will be located in a twenty -five thousand (25,000) square foot facility on Cleveland Road at Ralph Jones Drive. They will employ approximately fourteen (14) people with an average pay in excess of thirty -six thousand dollars ($36,000.00) per year. 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 eight (8) ayes. BILLS - FIRST READING BILL NO. 63-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 2, DIVISION 7, "C" COMMERCIAL DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD ZONING DISTRICTS TO THE LOCATIONAL REQUIREMENTS OF ADULT USES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING AUGUST 14, 2000 BILL NO. 64 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF MICHIGAN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF BROADWAY STREET TO THE SOUTH RIGHT -OF- WAY LINE OF THE FIRST EAST/WEST ALLEY NORTH OF BROADWAY STREET FOR A DISTANCE OF 156 FEET AND A WIDTH OF 14 FEET, LOCATED IN HANEY'S ADDITION RECORDED IN PLAT BOOK 6, PAGE 13 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on August 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 65-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO EXTEND REGULATION OF PARKING TO MUNICIPALLY OWNED PARKING PLACES 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 August 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 66 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 345 - 347 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 68-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 S. LOGAN ST., IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 69-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1904 & 1906 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA 1 REGULAR MEETING AUGUST 14.2000 This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 70 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF GROUND COMMENCING ONE HUNDRED FIFTY (150) FEET NORTH OF THE SOUTHWEST CORNER OF LOT 165 AS SHOWN ON THE RECORDED PLAT OF MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS A POINT OF BEGINNING, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 165, A DISTANCE OF TWENTY -FOUR (24) FEET, THENCE EAST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET, THENCE SOUTH ALONG THE EAST LINE OF LOT 165 TWENTY -FOUR FEET (24), THENCE WEST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET TO THE PLACE OF BEGINNING 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 August 28, 2000. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 71 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON - CONFORMING SINGLE - FAMILY HOMES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS: DISPERSEMENT OF INFORMATION REGARDING AMENDMENT TO SIGN ORDINANCE Councilmember Varner stated that with regard to changes being brought about by Bill No. 51 -00 regarding signage requirements and the new location of a distance of seven hundred fifty (750) feet, there was some concern that there would be a rush for prime locations. It was discussed that perhaps the presidents of all the gateway associations could encourage their members and people who have businesses along those areas to give some additional consideration to any additional approaches they might have. They may get inquiries regarding the use of their land. Perhaps the Association in general could look at the need for or the lack of or perhaps the over usage of signage and perhaps as a group they can make a decision on how to handle this. Councilmember Varner asked Council Attorney Kathleen Cekanski- Farrand to draft a letter to that effect. President Pfeifer noted that perhaps the Council could draft another letter to ask Mr. Jon Hunt to contact Mr. Don Fozo of the Building Department regarding this matter and perhaps the two (2) can be combined. She noted that Mr. Hunt's office does interface with the neighborhood centers, the corridors and the partnership centers so his office would be a REGULAR MEETING AUGUST 14.2000 central location to handle this concern. Councilmember Varner did not have an objection to that suggestion but wanted to make sure the information was dispersed in a timely fashion. NEW BUSINESS There was no new business to come before the Council. PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ADJOURNMENT There being no further business to come before the Council, Council President Pfeifer adjourned the meeting at 8:14 p.m. ATTEST: ( -(S � , �� �� Loretta J. u , ity derk ATTEST: Charlotte Pfeifer, Presid&it 1 1 C