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HomeMy WebLinkAbout09-11-00 Council Meeting MinutesREGULAR MEETING SEPTEMBER 11.2000 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, September 11, 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 Charlotte Pfeifer Roland Kelly David Varner Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: Karl King Andrew Uj dak 1St District 2nd District 3rd District 5th District At -Large At -Large At -Large Vice - President President 4'h District None 6th District Chairperson, Committee of the Whole 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 August 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 August 28, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Vice - President James Aranowski presiding. BILL NO. 57 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4200 & 4300 BLOCK OF MEGHAN BEELER COURT 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 "D" Light Industrial and "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow a well - drilling type facility, warehousing, and light manufacturing uses. Mr. Byorni stated that the property is currently vacant land. Access to the site is from Meghan Beeler Court. The total site to be rezoned is 5.3 acres of which the buildings will occupy thirty -five per cent (35 %) of the site, the parking and drives will occupy nineteen per cent (19 %) of the site and forty -six per cent (46 %) of the site will remain as open space. He further noted that based on REGULAR MEETING SEPTEMBER 11, 2000 information available prior to the Area Plan Commission public hearing, the staff recommends that this petition be sent to the Council with a favorable recommendation subject to a final site plan. It is the staff's opinion that this petition is consistent with the established zoning and development pattern located to the south, east and west. Additionally, Mr. Byomi stated that the Area Plan Commission, at its Public Hearing held on August 15, 2000, sends this petition to the Council with a favorable recommendation subject to a final site plan. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners Marvin and Barbara Selge, Jr. Mr. Danch noted that this rezoning is for approximately five (5) acres of land on the east side of Meghan Beeler Court in the West Cleveland Road Industrial Park area to allow a contingent purchaser in the well drilling business to build a facility on this property. The property was originally zoned "D" Industrial but a portion of the property reverted back to "A" Residential because the original owner did not follow through on the zoning and submit a final site development plan. This petition asks that the entire property be rezoned to "D" Light Industrial. The development will contain eighty -two thousand (82,000) square feet of space and the site will meet all the requirements for City development. 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 seven (7) ayes. BILL NO. 77 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 229 SOUTH WILLIAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the October 9, 2000 meeting of the Council due to no committee action being taken this afternoon. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 78 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 227 SOUTH WILLIAM 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 Oxian, Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that the Commission recommends that this property be declared a historic landmark. The house was built in 1882 for John Caldwell and nothing has been changed on the exterior. It is ranked a #11 in the Indiana Historic Sites and Structures Inventory. 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 SEPTEMBER 11, 2000 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 seven (7) ayes. BILL NO. 79 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 557 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning &Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that this property was built in 1919 by Whitcomb and Keller and is of the Prairie Style. He noted that this house, as well as the house located at 553 Edgewater, is located in an historic district. The owners requested the landmark status which carries standards above and beyond the standards of an historic district. This house is ranked a #11 in the Indiana Historic Sites and Structures Inventory. 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 seven (7) ayes. BILL NO. 80 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 553 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian stated that this house is a craftsman style house which is close to the prairie style house and was built in 1920 by Whitcomb and Keller. 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 White seconded the motion which carried by a voice vote of seven (7) ayes. 1 1 REGULAR MEETING SEPTEMBER 11.2000 BILL NO. 72-00 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2001 Council Member Aranowski reported that the Personnel & Finance Committee and the Health and Public Safety Committee conducted a joint committee meeting on this bill and sends it to the Council with a favorable recommendation. Ms. M. Catherine Roemer, City Controller, County -City Building, Room 1400, SouthBend, Indiana. made the presentation for this bill. Ms. Roemer stated that this ordinance establishes the annual salaries and benefits for four hundred twenty (420) non - bargaining employees for 2001. She noted that there are no changes in this ordinance for benefits and they will remain the same as this year. Ms. Roemer further stated that the ordinance contains two hundred seventy (270) positions with the general increase for those positions being 3.5% with some exceptions. Approximately twelve (12) new positions were added and ten (10) positions received more than a 3.5% increase in order to keep the minimum increase on an annual basis for these positions at seven hundred fifty dollars ($750.00). There were twenty -four (24) positions that received increases over 3.5% which are technical positions. The increase is an effort to retain positions that the City has had difficultly in retaining and it was felt that increases above 3.5% were warranted on a limited basis. Four (4) positions received less than 3.5% as a result of restructuring and reduction of responsibilities within the position. 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 White made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO.73 -00 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 74 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 75-00 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 Councilmember Coleman made a motion to combine Bill Nos. 73-00,74-00 and 75 -00 for purposes REGULAR MEETING SEPTEMBER 11.2000 of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski noted that just the Public Hearing on these bills will be held today. The final vote will take place at the next Council meeting on September 25, 2000. Additionally, Councilmember Aranowski reported that the Personnel & Finance Committee met on these bills and sends them to the Council with a favorable recommendation. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Stephen Luecke thanked the Council forthe time they devoted to reviewing this budget. He also thanked all City department heads as well as City Controller Cathy Roemer and her staff. Mayor Luecke noted that these bills set the operating budget for City departments and also set the tax rates required to fund those operations. These operating budgets include financing costs of capital projects which were established in previous years. The capital budget will be submitted in 2001. Mayor Luecke noted that the City is budgeting for a five per cent (5 %) increase in property tax revenues to support the General Fund, Park Department, Police and Fire Pensions and the Cumulative Capital Development Fund. Additionally, revenue outside of the property taxes for the general fund is anticipated to increase by 5.3 %. There will also bean increase for the County EMS services that the City provides which is based on the City's increased costs due to the new contract that has been negotiated with the firefighters. A major portion of the dollars outside of property taxes would reflect anticipated increased revenue from the Morris Performing Arts Center. Increased personnel costs in 2001 include an average increase in the base salary of 6.6% for all police officers, 7.5% for firefighters, 3.5% for teamsters and 3.5% for non - bargaining. Mayor Luecke noted that police and fire pension funds continue to have funding shortfalls. Last year the City had to subsidize those funds in the amount of five hundred thousand dollars ($500,000.00) and this year it will be $1.5 dollars from'the general fund. The 2001 budget, for the first time, includes debt service payments on two (2) state revolving loan funds for both sewage works and water works and estimated debt service for the College Football Hall of Fame Redevelopment Bond which will be financed before the end of this year. There is not an operating budget for the Hall of Fame in 2001 because that operation will be covered by the National Football Foundation. The 2001 budget does include a debt service fund that reports the revenue to be collected on behalf of the Hall of Fame from hotel motel taxes and the professional sports development fund. These funds are then transferred to the National Football Foundation for specific use. Mayor Luecke noted that General Fund expenditures increased only six tenths of a per cent, excluding personnel costs, from the 2000 budget with a few exceptions. They expect the gasoline prices will be going up so department heads increased that line item by eighty -eight per cent (88 %). Also, the self insurance employee benefit fund also continues to experience sizable increase. The coverage plan for all teamsters and non - bargaining employees has helped to keep that increase down by encouraging participation in the preferred provider organization. Through the agreement with the firefighters the City is bringing another group of employees into that incentive program to use the preferred provider organization. The Liability Insurance Reserve Fund reflects an increase of ten per cent (10 %) from the prior year. The budget includes five (5) funds that are not balanced. They are the Motor Vehicle Highway Street Department, Police and Fire Pension Funds Solid Waste Fund and Sewer Repair Insurance Fund. These funds have been able to make up the deficiencies through cash reserves that they have maintained. The sixth fund is the parking garage fund that shows a budget deficiency with the General Fund supporting that fund through an inter -fund cash advance. Mayor Luecke noted that he is proud of this budget. It is one that is balanced and provides basic services to citizens. It funds increases for public safety personnel and covers the shortfall in the police and fire pensions. It covers anticipated increases in gasoline prices and maintains strong cash reserves. In conclusion, the Mayor asked for the Council's favorable consideration of this budget. REGULAR MEETING SEPTEMBER 11, 2000 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember White made a motion to close the public portion regarding these bills. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Aranowski made a motion that these bills be continued to the Council portion at the September 25`" meeting. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Coleman thanked the Personnel and Finance Committee for their work in the committee meetings. Councilmember Aranowski also thanked the Mayor for this well - structured budget. He also thanked the department heads, Cathy Roemer and Tom Skarbek. Councilmember Coleman noted that the budget hearing process continues with the Committee meeting again on September 14`" at 3:00 p.m. Councilmember Aranowski noted that they have one more hearing regarding budgets for the City Clerk, Common Council, Morris Performing Arts, Studebaker Museum plus some miscellaneous funds. BILL NO. 81 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Coleman reported that the Parks and Recreation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Dennis J. Andres, Director, Morris Performing Arts Center, 211 North Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres asked for the Council's support of this appropriation of two hundred fifteen thousand dollars ($215,000.00) from the Morris Performing Arts Center Improvements Fund for five (5) items. The largest amount of one hundred eighty thousand dollars ($180,000.00) is being transferred to the Morris Restoration Project. The other four (4) capital items include a new time clock system, sound equipment, rigging loft blocks and box office renovation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Coleman pointed out that these funds are generated by the ticket surcharge which is specifically earmarked for improvements. Therefore, 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 seven (7) ayes. BILL NO. 82 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,800,000.00 FROM THE LOCAL ROADS AND STREETS FUND ACCOUNT (FUND NO. 251) Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and REGULAR MEETING SEPTEMBER 11.2000 sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot requested the Council's favorable support for this appropriation of $1.8 million dollars of investment on Lincolnway West, Phase II, from Olive to LaSalle. He noted that this project will smooth out the roller coaster effect of the road. 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 seven (7) 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 seven (7) ayes. ATTEST: Andrew Ujdak, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:35 p.m. Council President Charlotte Pfeifer presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9133 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4200 & 4300 BLOCK OF MEGHAN BEELER COURT IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9134 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 227 SOUTH WILLIAM STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. 1 REGULAR MEETING SEPTEMBER 11, 2000 ORDINANCE NO. 9135 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 557 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9136 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 553 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven(7)ayes. ORDINANCE NO. 9137 -00 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2001 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9138 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9139 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,800,000.00 FROM THE LOCAL ROADS AND STREETS FUND ACCOUNT (FUND NO. 251) This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven(7)ayes. RESOLUTIONS: RESOLUTION NO. 2921 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF ALTGELD AND HIGH STREETS, SOUTH BEND, INDIANA 46614 REGULAR MEE'T'ING SEPTEMBER 11.2000 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at the no corner of High and Altgeld, South Bend, Indiana, in order to provide off - street parking in "A" Residential. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Aranowski made a motion to consider the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. REGULAR MEETING SEPTEMBER 11.2000 Mr. Bob Fox, Chairman of the Faith United Methodist Church Trustees, 802 East Ewing Street, South Bend, Indiana, made the presentation for this bill. Mr. Fox noted that they are petitioning this Council to approve the building of a new storage facility which will be twenty -four feet (24') by thirty feet (30') to replace an old one that was built in the 1920's and is in disrepair. He noted that they are asking the Council to approve this for them to build. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kelly made a motion to adopt this Resolution as substituted. Councilmember Varner seconded the motion. Council Attorney Cekanski- Farrand noted for the record that the report from the Board of Zoning Appeals was favorable for this Resolution. She noted that typically this report is presented by a representative from the Building Department. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Council that the Board of Zoning Appeals heard this petition at its August 17th meeting and sends it favorably to the Council. Mr. Fozo noted that the petition is actually for a special exception to allow off -site parking for the church. The lot is located adjacent to the church's property and is not part of the actual plat but a special exception will allow off -site parking which will in turn allow the accessory building to be built there. With a motion having been made and seconded, the Resolution was adopted by a roll call vote of seven (7) ayes. RESOLUTION NO. 2922 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1201 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, 46601 WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1201 South Michigan Street, South Bend, Indiana, 46601, in order to permit REGULAR MEETING SEPTEMBER 11.2000 EXCEPTION REQUEST: 1.) Request approval of an exception under the City of South Bend Zoning Ordinance, Division 2., Exceptions to District Regulations, Section 21- 117.05 "Exception in "C" Commercial Districts, (a) A residential dwelling unit (I.E. an apartment) on the second floor of an existing commercial structure." SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantiallywi'th the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, noted that the Board of Zoning Appeals heard this petition on August 17, 2000 and sends it to the Council with a favorable recommendation. It is for a combined use in "C" Commercial with commercial use on the main level and a residence on the second level. Mr. Mike Danch, President, Danch, Hamer & Associates, Inc., 3231 Sugar Maple Court, South Bend, Indiana, made the presentation for this bill representing the petitioner Mr. David Herbster. Mr. Danch noted that this property is located on the southwest corner of Stull Street and South Michigan Street and is the former Hayes Funeral Home. Mr. Herbster intends to open up a bridal shop on the first floor. The second floor was used as an apartment when it was used as a funeral home as that is where the actual residence was located. Under zoning requirements, in order to rent that second floor, which is approximately three thousand square feet (3,000), a special use exception is required. A Public Hearing was held on the Resolution at this time. 1 fl REGULAR MEETING SEPTEMBER 11, 2000 There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner inquired of Mr. Danch if this permits the use for a single apartment only or for the use as apartments. Mr. Danch noted that his understanding is that it is going to be rented out as a one (1) three thousand (3,000) square foot apartment. 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 seven (7) ayes. RESOLUTION NO. 2923 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2215 SOUTH OLIVE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JERRY ZOCK WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2215 South Olive Street, South Bend, Indiana, and which are more particularly described as follows: Lot 147 Homeland 2nd and which has tax Key Number 18- 8104 -3950, as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea •, for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or REGULAR MEETING SEPTEMBER 11, 2000 C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Jerry Zock, 2311 Highland Avenue, South Bend, Indiana, made the presentation for this Resolution. REGULAR MEETING SEPTEMBER 11.2000 Mr. Zock asked for the Council's approval of this tax abatement for the property at 2215 South Olive Street. He stated that he intends to build a one thousand one hundred (1,100) square foot house with three (3) bedrooms. 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 seven (7) ayes. RESOLUTION NO. 2924 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00 -103) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. RESOLUTION NO. 2925 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 00 -104) CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH -BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREAFORPURPOSES OF AFIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. Councilmember Coleman made a motion to combine Bill Nos. 00 -103 and 00 -104 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Kelly reported that the Community and Economic Development Committee met on these bills and recommends them to the Council favorably. RESOLUTION NO. 2924 -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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana REGULAR MEETING SEPTEMBER 11.2000 and which has Key Number 25 -1013 -0218, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6.1.1 -12.1 et seg., acid South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared areport with inforfiiati6h 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 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 o' f 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 employmet 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 I1I. 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. REGULAR MEETING SEPTEMBER 11.2000 SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council RESOLUTION NO. 2925 -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 3605 WEST CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, 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 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and which has Key Number 25 -1013 -0218, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et 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; REGULAR MEETING SEPTEMBER 11, 2000 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 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'resuit 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 1II. 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 Mr. Dick Monagle, Plant Manager, Federal - Mogul, 3605 West Cleveland Road, South Bend, Indiana, made the presentations for these Resolutions. Mr. Monagle informed the Council that they want to build a forty- thousand (40,000) square foot addition to their current facility. This will result in a sales increase of at least fifteen per cent (15 %) and will add at least sixty -eight (68) jobs to the current four hundred fifty (450). At this time they are going to add new equipment to machine pistons and cast pistons again and also for the first time they are going to begin assembling the connecting rod to the piston. This is an important expansion for the company. A Public Hearing was held on the Resolution at this time. 1 U L REGULAR MEETING SEPTEMBER 11, 2000 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 Resolution No. 2924 -00. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2925 -00. Councilmember Coleman seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTION NO. 2926 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 224 WEST JEFFERSON BOULEVARD, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on September 11, 2000 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 224 West Jefferson Boulevard, South Bend, Indiana, by entering into a lease with Tom Herrman and Associates for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Eighty -Eight Dollars ($7,088.000) in the first year; Seven Thousand One Hundred Fifteen and 64/100 Dollars ($7,115.64) in the second year; and Seven Thousand One Hundred Forty-three and 39/100 Dollars ($7,143.39) in the third year; and WHEREAS, on September 11, 2000, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board entering into a lease agreement, that the Common Council determine that the premises are needed, and that the lease amount is reasonable. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. The Common Council wishes to provide general office space in the proposed location in order to offer the services of the Division of Community Development to the residents of the City. 3. The office proposed to be leased at 224 West Jefferson Boulevard, South Bend, Indiana, contains approximately 7,088 usable square feet of space, which is sufficient to accommodate the activities for which the space is intended. 4. On September 11, 2000, a Petition signed by fifty taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 224 West Jefferson, South Bend, Indiana, by entering into a lease with Tom Herrman and Associates for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Eighty -Eight Dollars ($7,088.00) in the first year; Seven Thousand One Hundred Fifteen and 64/100 Dollars ($7,115.64) in the second year *; and Seven Thousand One Hundred Forty-Three and 39/100 Dollars ($7,143.39) in the third year. 5. On September 11, 2000, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of REGULAR MEETING SEPTEMBER 11.2000 property within the corporate limits of the City of South Bend. 6. A proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein, the original of which is located for public inspection at the Office of the Clerk of the Board of Public Works, 13th Floor, County -City Building, South Bend, Indiana. 7. Having considered the presentation and heari ng on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 224 West Jefferson Boulevard as general office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signat ures -were certified by the St. Joseph County Auditor. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council *, The Petition and Auditor's Certificate contained an error in the second year monthly rental (7,225.64 rather than $7,115.64) which is immaterial because the actual monthly rent is less than what was stated. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Jon R. Hunt, Executive Director, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt informed the Council that this Resolution allows the lease of office space at 224 West Jefferson Boulevard as part of the consolidation of their operations. They will be combining the housing, planning and neighborhood development into one (1) new division. The division of Planning and Neighborhood Development currently leases space at the old First Bank Building and the Housing operations are currently on Eclipse Place. These divisions will be brought together. The cost of the lease on an annual basis is eighty -five thousand dollars ($85,000.00) and is twelve dollars ($12.00) per square foot. The second and third option years will only increase the rent by three hundred dollars ($300.00) a year. The total amount of space being leased is approximately seven thousand one hundred (7,100) square feet. 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 seven (7) ayes. BILLS - FIRST READING BILL NO. 83 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF DUNHAM STREET FROM THE WEST R/W LINE OF WALNUT STREET TO THE EAST R/W/ LINE OF HARRIS STREET FOR A DISTANCE OF 148.5 FEET AND A WIDTH OF 12 FEET. PART OF ARNOLD'S SUBDIVISION OF BANK OUT LOT 100 -101 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 1 1 REGULAR MEETING SEPTEMBER 11, 2000 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on September 25, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 84 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. BROOKFIELD 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 seven (7) ayes. BILL NO. 85 -00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 - 610 COTTAGE GROVE 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 White seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Ms. Nellie Bass, 316 South St. Joseph Street, Apartment #504, South Bend, Indiana, informed the Council that she was present to speak to them because of noise that occurred last weekend on the Friday and Saturday night beyond what she has been told is an 11:00 p.m. noise abatement time. Ms. Bass stated that the noise continued until 3:00 a.m. and this is not the first year this has occurred. It happened last year on one of the Notre Dame home football games. She stated that they are a group of elderly people living in the building of St. Joseph Tower and she is representing those eighty -four (84) people. Ms. Bass stated that they are very upset because the live band was permitted to use their bass units to the point that the building was vibrating. Councilmember Coleman inquired if they took any action on that evening. Ms. Bass noted that they have had several people call the police. Last year a police officer was sent and he told them he could not assist them because they had a permit for a street party. She noted that Wayne Street is blocked off between South Michigan and South St. Joseph on the nights that these events occur. Normally it is only one night but this year it was two (2) nights. When they called the Police Department they were told that they had no jurisdiction and she therefore is asking for assistance from the Council. Councilmember Pfeifer informed Ms. Bass that after the meeting she will get her telephone number and will get back to her. President Pfeifer asked if this normally happens on a Notre Dame home game weekend. Ms. Bass stated that it normally occurs on one (1) Notre Dame home game weekend a year. Last year it was on the first home football game weekend and this year it was on the second home game. Councilmember Coleman asked if this was a block parry. Ms. Bass stated that that is what they tell them it is but it is run by a business. There are no residents living in that block. Members of the Council noted that it is Finnigan's that conducted the party. Councilmember Coleman noted that REGULAR MEETING SEPTEMBER 11, 2000 in order for block parties to take place the Board of Public Works must issue a permit. Ms. Bass stated that that is what she has been told. He informed her to contact the Board of Public Works to voice her opinion about the request for the block party and that will help take preventive steps for the future. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:00 p.m. ATTEST: oretta . Duda, y CIA ATTEST: Charlotte Pfeifer, Preside At LI 1 1