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HomeMy WebLinkAbout10-23-00 Council Meeting MinutesREGULAR MEETING OCTOBER 23, 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, October 23, 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 Karl King David Varner Andrew Uj dak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None I't District Vice - President 2nd District President 3rd District 4th District Stn District 6th District Chairperson, Committee of the Whole At -Large At -Large At -Large REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the October 9, 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 October 9, 2000 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RATIFICATION OF RESOLUTION NO. 2934-00 COUNCIL ACTION ON A MOTION TO RECONSIDER RESOLUTION NO. 2934 -00 FOR THE SOLE PURPOSE OF CORRECTING TWO (2) SCRIVENER ERRORS WHICH APPEAR WITHIN THAT RESOLUTION Council President Charlotte Pfeifer turned the meeting over to Vice - President Jim Aranowski and for the record, City Clerk Loretta Duda read the above referenced agenda item for consideration. President Pfeifer made a motion to reconsider Resolution No. 2934 -00 in order to: 1. Delete the word "Northwest" from the last sentence of Section I and insert the word "Northeast"; and 2. Delete the word "doe" from the fifth sentence in Section III and insert the word "does." Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, President Pfeifer made a motion to ratify the adoption of Resolution No. 2934 -00 as amended. Councilmember Coleman seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Kirsits. It is noted that Resolution No. 2934 -00 was adopted by the Common Council on October 9, 2000. REGULAR MEETING OCTOBER 23, 2000 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember White made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 87 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH, AND RESCINDING ORDINANCE NO. 9111 -00; ROYAL OAK ESTATES AND COMMUNITY BAPTIST CHURCH Councilmember Coleman made a motion to continue this bill until the November 13, 2000 meeting of the Council at the request of the petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "C" Commercial, "G" Height and Area to "C" Commercial, "G" Height and Area to allow the expansion of an existing building for laboratories and offices. Mr. Byorni noted that the property currently contains the South Bend Medical Foundation Building. Access to the site is from both Main Street and Lafayette Boulevard. The total site to be rezoned is 2.2 acres. Of that, the buildings will occupy thirty -seven per cent (37 %) of the site, the parking and drives will occupy fifty -five per cent (55 %) of the site and seven per cent (7 %) of the site will remain as open space. The site plan is preliminary. Based on information available prior to the Area Plan Commission Public Hearing, the staff recommended that this petition be sent to the Council with a favorable recommendation subject to a final site plan. The rezoning would allow an addition to the existing building which would be in keeping with the character of the adjacent hospital facility. Additionally, the Area Plan Commission held a Public Hearing on this matter on September 19, 2000 and sends this bill to the Council with a favorable recommendation. Mr. Michael D. Hardy, Barnes & Thornburg, 600 V Source Bank Center, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner, South Bend Medical Foundation. Mr. Hardy advised that the South Bend Medical Foundation proposes to expand their current facility to seven (7) floors. He noted that this project was planned in December of 1999 when the Council originally approved the rezoning to "C" Commercial. Mr. Hardy informed the Council that in regards to the concern of noise, the South Bend Medical Foundation hired an acoustic engineer who reviewed the site and the site plan to make recommendations to both the location of equipment and the type of equipment to be used as well as other changes in the project and construction. These recommendations include the use of sound deadening rooms, as well as what equipment should be placed outside and what equipment should be inside and the type of equipment that could be used to minimize the sound to the neighborhood. REGULAR MEETING OCTOBER 23, 2000 He noted that they are confident that even at the maximum usage level the noise would be below the day time and night time noise ordinance levels. Another change in this proj ect is that there will now be an outside elevator which allows even more space inside the building for expansion of medical laboratories. In conclusion, Mr. Hardy asked for a favorable review of this petition. Councilmember Kirsits inquired if the South Bend Medical Foundation had any discussions with Memorial Hospital regarding their helicopter plans and the fact that the plan to expand to seven (7) floors would knock their 8 -1 flight ratio into the street. Mr. Hardy advised that he was not involved in any of those discussions and he deferred to Ms. Ann Sullivan. Ms. Ann Sullivan, Treasurer, South Bend Medical Foundation, 52855 Azelea Court, South Bend, Indiana, informed the Council that they were approached by Memorial Hospital and they advised them of their plans to expand to seven (7) floors. She stated that it was her understanding that that may have made some change in their project. However, when the Medical Foundation building was first constructed in 1981 it was designed to be expanded to seven (7) floors and that was the only place they had for expansion. She confirmed that they did have the foresight to have footings and supports in place at that time. 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 Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 88 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING HISTORIC LANDMARKS FOR STRUCTURES AND REAL PROPERTY LOCATED AT 2300 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Counciliember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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, 742 Sancome Street, South Bend, Indiana, President and Acting Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian informed the Council that the structures located at Riverview Cemetery to be designated by this bill include the Riverview Cemetery Gatehouse which is a bungalow style building built in 1900. The crematory and columbarium, of the classic revival style, were also constructed about the same time. The LaSalle Landing /St. Joseph Kankakee Portage goes back to 1679. The Historic Preservation Commission felt that these were important areas that should be land marked and saving these buildings and the landing is a good start in preserving our historical past. Therefore, they are being recommended for landmark status. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 BILL NO. 89 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 2257 PORTAGE AVENUE, 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, 742 Sancome Street, South Bend, Indiana, President and 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 bill designates the Highland Memorial Mausoleum which was built in 1930. The building was constructed by H.G. Christian and Company using the latest and most expensive marble, granite, stone and bronze. Mr. Oxian noted that the mausoleum, in the classic revival style, holds eight hundred (800) crypts. In conclusion, Mr. Oxian stated that the Historic Preservation Commission felt that this was a very significant structure to preserve. 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF PORTAGE AVENUE FROM THE SOUTH RIGHT -OF -WAY OF WEST NAVARRE STREET TO THE NORTH RIGHT -OF -WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion to continue this bill until the November 13, 2000 meeting of the Council at the request of the petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Ken Zmudzinski, Bureau Manager, Wastewater Treatment plant, Division of Environmental Services, 3113 Riverside Drive, South Bend, Indiana, made the presentation for this bill. Mr. Zmudzinski stated that this bill amends two (2) sections of the pretreatment ordinance for the use of public sewers. The first amendment involves removal of a set of limits. Currently there is a daily maximum limit and a limit for monthly average. The monthly average set of limits is REGULAR MEETING OCTOBER 23, 2000 antiquated, is not technically derived and not required. He noted that the EPA has reviewed these amendments for these limits and they agree that limits should be based on sound science and that the monthly average li mits are not necessary. Mr. Zmudzinski advised that the second amendment is to increase the upper limit for pH from 10.0 to 11.0. The limit of 11.0 has been proven technically to be protective of the sewers and it would make the City ordinance more in line with neighboring communities. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90 -00 PUBLIC HEARING ON A BILL APPROPRIATING $63,800 FRONT FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT Councilmember Aranowski reported that the Personnel and Finance Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Alex Koenig, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Koenig informed the Council that in September of 1999 the City was awarded an EPA Brownfields Pilot Assessment Grant in the amount of two hundred thousand dollars ($200,000.00). The bill presented today appropriates sixty -eight thousand eight hundred dollars ($68,800.00) of that grant for the creation of a database and GIS mapping system to categorize the brownfield sites along the commercial corridors in the City which include South Main, South Michigan, Lincolnway West, Western Avenue and Portage Avenue. The other portion of the funds will be used for staff travel and supplies. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember King made a motion for favorable recommendation to full Council concerning this bill. Councilmeinber Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 95 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT AND LOAN ASSISTANCE THROUGH THE INDUSTRIAL DEVELOPMENT FUND AND PLEDGING CERTAIN REVENUES TO THE REPAYMENT THEREOF (ROBERT BOSCH CORPORATION RETENTION PROJECT) Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Robert Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the pteesentation for this bill. 1 �I 1 REGULAR MEETING OCTOBER 23, 2000 Mr. Case stated that this bill accepts responsibility to repay a one million dollar ($1,000,000.00) loan from the Indiana Department of Commerce for a retention package for the Bosch Corporation. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 92 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS IN PORTAGE TOWNSHIP KNOWN AS A PORTION OF THE JACKSON SUBDIVISION BORDERING ON HUEY STREET, AND ON HAMILTON STREET, IN SOUTH BEND, INDIANA Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation with the following amendment: On page two (2) the last paragraph indicated by an ( *) should be amended as follows: Strike the period (.) after the word "designated" and replace with a comma () and add the following language: , with a listing of such addresses being filed by the Department of Public Works with the City Clerk. Councilmember Kirsits made a motion that this amendment be accepted into this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi informed the Council that this ordinance represents the second type of this kind of ordinance that the Council has been given for the continued extension of City water and sewer mains to some portions of the City that have yet to be serviced by sewer and water. This ordinance proposes, at a cost of $223,000.00 dollars, to complete the installation of the sewer main on Huey Street from Hamilton to Bergan plus a short extension on Hamilton Street near the Johnson Street intersection for one (1) house and two (2) to three (3) vacant lots which the owner wishes to have available for construction. The water main will also be completed from Hamilton to Bergan Street. The owners of properties will only be liable for three thousand dollars ($3,000.00) once they decide to hook into the sewer line. 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 OCTOBER 23, 2000 Mr. Lyle Snyder, 1940 Huey Street, South Bend, Indiana, stated that he has some concerns about this bill because he has a copy of a Resolution from 1974. The Resolution indicates that they were left out of improvements at that time. He questioned the fact that if they do riot hook up immediately they will be charged seven dollars and ninety cents ($7.90) per month for something they are not using. Further, Mr. Snyder noted that they do not have any sewers on Huey Street from Hamilton to Bergan and that the water line that goes to the 2000 block of Hamilton was installed in the 1990's. He noted that these are the reasons he is opposed to this bill. Ms. Rosie Cottonham, 2003 North Huey, South Bend, Indiana, informed the Council that someone came to her door a month ago and told her that sewer and water lines were going to be installed and they would not be charged. She stated that she has now received a letter indicating that she would be charged three thousand dollars ($3,000.0) and she does not understand why. In rebuttal, Mr. Magliozzi stated that in December of 1999 letters were sent to all property owners explaining the plan to extend water and sewer to this area. The letter indicated that there would be a charge and it contained a chart indicating the charge for those wishing to hook up to sewer and water. The letter further indicated that there would be no immediate requirement to hook up to these services because they recognize that there are a number of wells and septic systenns that may still have a useful life. Also, the letter stated that there would be a payment plan available and the charges to the property owners would be interest free. Mr. Magliozzi stated that he does riot know who came to Ms. Cottonham's door. He noted that there always was a record that there would be a charge to the owners along Huey Street. The seven dollars and ninety cent ($7.90) charge was also mentioned in the letter and that charge is allowed by State law. He noted that any properties located within three hundred (300) feet of a sewer line are expected to pay this charge which helps for the construction and maintenance of that line for the future benefit of that property owner. In regards to the Resolution submitted by Mr. Snyder, Mr. Magliozzi stated that this is the first time he has seen it and he can only offer to look into it. Councilmember Varner stated, for the benefit of Mrs. Cottomham, that the three thousand dollar ($3,000.00) charge is not applicable until the property owner hooks up to the service. The line will be placed in the street and will be available for use at any time in the future and that is when the charge will come into effect. He stated that anyone who is not on City sewer and has a sewer line in front of their home should have the seven dollar and ninety cent ($7.90) charge and it is the responsibility of the Water Works to make sure that charge is in place. Councilmember Coleman asked Mr. Magliozzi to outline the payment plan available. Mr. Magliozzi stated that the property owners do not need to hook up right away but it is available when they need it. The payment plan is for five (5) years with no interest be assessed. After having a brief opportunity to read the Resolution supplied by Mr. Snyder, Mr. Magliozzi noted that it is a Board of Public Works Resolution. However, he does not know why these improvements were not done. The Resolution states that the line would be installed for the benefit to the property liable to be assessed for said improvement and equal to the estimated cost of the same as reported by the City Engineer. He noted that even if the improvements were made pursuant to this Resolution, the property owners would have been charged one hundred per cent (100 %) of the cost. Mr. Magliozzi noted that the current program offered is a much better deal for the property owners. Councilmember Ujdak asked that Mr. Magliozzi do some research regarding the Resolution from 1974 and asked Mr. Snyder to please provide his telephone number so he can be contacted once the City finds out what happened. There was no one else present to speak to the Council concerning this bill. Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember White "seconded the motion which carried by a voice vote of nine (9) ayes. 1 L REGULAR MEETING OCTOBER 23, 2000 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 nine (9) ayes. , ATTEST: ATTEST: orett J. Dud-/ , City Cler c w Udak airper Committee of thd Whole REGULAR MEETING RECONVENED 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 nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9149 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9150 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING HISTORIC LANDMARKS FOR STRUCTURES AND REAL PROPERTY LOCATED AT 2300 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Uj dak seconded the motion which carried by a voice vote of nine (9) ayes. 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 nine (9) ayes. ORDINANCENO. 9151 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 2257 PORTAGE AVENUE, 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 nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 ORDINANCE NO. 9152 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine(9)ayes. ORDINANCE NO. 9153 -00 AN ORDINANCE APPROPRIATING $63,800 FROM FUND 212 FOR THE PURPOSE OF FUNDING ACTIVITIES UNDER THE US EPA BROWNFIELD PILOT ASSESSMENT GRANT This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember King seconded the motion which carried The bill passed by a roll call vote of nine (9) ayes. ORDINANCE N0. 9154 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT AND LOAN ASSISTANCE THROUGH THE INDUSTRIAL DEVELOPMENT FUND AND PLEDGING CERTAIN REVENUES TO THE REPAYMENT THEREOF (ROBERT BOSCH CORPORATION RETENTION PROJECT) This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9155 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO EXTEND AND PROVIDE UTILITY SERVICES TO AN AREA WITHIN THE MUNICIPAL CITY LIMITS IN PORTAGE TOWNSHIP KNOWN AS A PORTION OF THE JACKSON SUBDIVISION BORDERING ON HUEY STREET, AND ON HAMILTON STREET, IN SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made motion to consider the amended version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 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 nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 2939 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4304, 4315, AND 4323 MAPLE ROAD; 4302, 4310, 4330 (OR 4327 MAPLE ROAD), 4340 AND 4350 PORTAGE AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MEADOW WOOD II LIMITED PARTNERSHIP 1 REGULAR MEETING OCTOBER 23, 2000 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 4304, 4323, and 4315 Maple Road; 4302, 4310, 4330 (OR 4327 Maple Road), 4340, and 4350 Portage Avenue, South Bend, Indiana, and which are more particularly described as follows: Address Legal Description Key No. 4304 Maple Road Phase 3 Field Point Sub., Lot #1 25- 1046 -1005 4302 Portage Avenue Phase 3 Field Point Sub., Lot #2 25- 1046 - 100502 4310 Portage Avenue Phase 3 Field Point Sub., Lot #3 25 -1046- 100503 4315 Maple Road Phase 3 Field Point Sub., Lot #4 25 -1046- 100601 4323 Maple Road Phase 3 Field Point Sub., Lot #5 25- 1046 - 100602 4330 Portage Avenue or 4327 Maple Road Phase 3 Field Point Sub., Lot #6 25- 1046 - 100603 4340 Portage Avenue Phase 3 Field Point Sub., Lot #7 25- 1046 - 100604 4350 Portage Avenue Phase 3 Field Point Sub., Lot #8 25- 1046 - 100605 as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: REGULAR MEETING OCTOBER 23, 2000 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 lienefits 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. Andrew W. Place, 2133 Foxboro Court, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Place informed the Council that this tax abatement is for the final phase of Field Point Subdivision that will complete the project with these remaining eight (8) lots. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 RESOLUTION NO. 2940 -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 1904, 1912, 1920, 2004, AND 2012 PHILLIPA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE COKER WHEREAS, a Statement ofBenefits and a petition for residential real property tax abatement has been submitted to and 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 1904, 1912, 1920, 2004, AND 2012 Phillipa Street, South Bend, Indiana, and which is more particularly described as follows: Address Legal Description Key No. 1904 Phillipa Street Lot 233 Highland Park - 2nd Addition 18- 8097 -3709 Lot 234 Highland Park - 2nd Addition 18- 8097 -3710 1912 Phillipa Street Lot 231 Highland Park - 2nd Addition 18- 8097 -3707 Lot 232 Highland Park - 2nd Addition 18- 8097 -3708 1920 Phillipa Street Lot 229 Highland Park - 2nd Addition 18- 8097 -3705 Lot 230 Highland Park - 2nd Addition 18- 8097 -3706 2004 Phillipa Street Lot 227 Highland Park - 2nd Addition 18- 8097 -3703 Lot 228 Highland Park - 2nd Addition 18- 8097 -3704 2012 Phillipa Street Lot 225 Highland Park - 2nd Addition 18- 8097 -3701 Lot 226 Highland Park - 2nd Addition 18- 8097 -3702 be designated as a Residentially Distressed 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 a Residentially Distressed 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 a Residentially Distressed 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 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: REGULAR MEETING OCTOBER 23, 2000 i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (106/o) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 MEETING OCTOBER 23, 2000 SECTION VIII. 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 IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. 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. Dave Coker, 3516 Sorin Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Coker informed the Council that this tax abatement is for five (5) building sites in the 1900 block of South Phillipa Street. He stated that he intends to develop five (5) affordable houses in the range of eighty thousand dollars ($80,000.00). The houses will be between one thousand (1,000) square feet and one thousand two hundred (1,200) square feet and will be either a ranch style or quad -level and will offer three (3) bedrooms and attached two (2) car garage. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2941 -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 4411 QUALITY DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GVW REALTY, 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 4411 Quality Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered one (1) as shown on the recorded plat of Hayes Olive Road Minor Subdivision, recorded July 17, 2000 as Document Number 0033926 in the Office of the Recorder of St. Joseph County, Indiana. Lot numbered Twenty A (20A) as shown on the recorded plat of Landmark Business Park, section 7, recorded October 19, 1992 as Document Number 9238271 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Numbers 25 -1017- 060203 and 25- 1017 -0602, be designated as an Economic REGULAR MEETING OCTOBER 23, 2000 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. sea., and South Bend Municipal Code Sections 2 -76; et se 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. seg., 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 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. 1 1 REGULAR MEETING OCTOBER 23, 2000 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 Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Councilmember Aranowski advised that he will be recusing himself from voting on this tax abatement because he provides accounting services to the petitioner. Council Attorney Kathleen Cekanski - Farrand advised that for the record Mr. Michael Beitzinger, Community and Economic Development, will file a substitute Resolution making a change in the length of time for this tax abatement from three (3) years to ten (10) years. The changes will be made in the title of the Resolution as well as in the body of the Resolution on page three (3) Section VI. Mr. Beitzinger will also file an Addendum to the tax abatement report which is currently on file which will amend the abatement qualification to reflect the SIC code and incorporate the detailed information that was given by the petitioner at the committee meeting. Ms. Carol Gyuriak, 6115 Miami Street, South Bend, Indiana, made the presentation for this Resolution. Ms. Gyuriak noted that GVW Tire, Inc. through GVW Realty, LLC is requesting a change in the tax abatement length from three (3) years for a wholesale operation to ten (10) years for a manufacturing operation and favorable approval of this abatement is requested. 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. At this time, Council Attorney Kathleen Cekanski- Farrand asked that the petitioner give some additional information in light of the fact that this abatement has been changed from a three (3) year abatement to a ten (10) year abatement. Ms.Gyuriak noted that most people think of manufacturing as one building receiving all parts with those parts moving down a production line with the completion of a final product. During the last few years out sourcing has been utilized in many fields. Mr. Gyuriak named several companies that have contracted with GVW Tire, Inc. to out source part of their manufacturing process. These companies manufacture motor homes, truck trailers and waste haulers. They have their products shipped to GVW and they are then responsible for completing their needed products. Once this is achieved they ship the completed product to their location and then the unit takes it spot on the production line. In the past year they have completed manufactured units in excess of twenty five hundred (2,500) units a month and they are currently negotiating with another company that will bring the total number of units to four thousand (4,000) a month. Therefore, they would appreciate a favorable response to their request for a ten (10) year tax abatement. Councilmember Varner made a motion to adopt this Resolution as amended. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 RESOLUTION NO. 2942 -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 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE TOOL & ENGINEERING, 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 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Southwest Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana and which has Key Number 25- 1010 - 040012, 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 seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seg., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. se 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 dete`r'mines 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 1 1 1 REGULAR MEETING OCTOBER 23, 2000 prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic - Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby - makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Steven Hartz, President, 2629 Foundation Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Hartz advised that Value Tool and Engineering manufactures tooling used in the aerospace, automotive and medical industries and is used all over the world. They need to purchase four hundred fifty thousand ($450,000.00) dollars of equipment to aid them in their manufacturing of this equipment. This project will maintain twelve (12) full time employees with an annual payroll of approximately four hundred thousand dollars ($400,000.00) and add additional full time employees representing an annual payroll of four hundred thousand dollars ($400,000.000). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2943 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3751 OLIVE ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GIBBS WIRE & STEEL CO., INC. REGULAR MEETING OCTOBER 23, 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'r`equesting that the area commonly known as 3751 Olive Road, South Bend, Indiana, and which is more particularly described as follows: Lot numbered one (1) as shown on the recorded plat of Gibbs' Olive Road Minor Subdivision recorded June 2, 2000 as document number 0026450 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 25- 1011 - 018602, 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 pr "epared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seg., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and "recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. se q., for tax abatement. SECTION II. The Common Council hereby determines and finds the 'following: A. That the description of the proposed r'edevelopnient 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 REGULAR MEETING OCTOBER 23, 2000 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 of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. John Cleaver, Vice - President, Gibbs Wire & Steel Company, 52490 Old Hickory Lane, Granger, Indiana, made the presentation for this Resolution. Mr. Cleaver advised that Gibbs Wire and Steel Company is a distribution company that located in the Airport Industrial Park in 1962. A number of expansions have taken place since then to their present size of eighty - thousand (80,000) square feet. As they do not have room for additional expansion they have purchased fifteen (15) acres off of Olive Road to build a new $5 million dollar facility. They will add five (5) or six (6) employees and expect in the next several years to add at least twenty -nine (29) more employees as additional equipment is utilized. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2944 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 2214 MISHAWAKA AVENUE, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on September 25, 2000, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 2214 Mishawaka Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with Robert J. Filley for a term of twelve months with a twelve month option to renew at the option of the parties, with the rental not to exceed Four Thousand Nine Hundred Twenty Dollars ($4,920.00) REGULAR MEETING OCTOBER 23, 2000 in the first twelve month period and if the option year is exercised by the City, the second term rental shall not exceed Five Thousand Four Hundred Twelve Dollars ($5,412.00); and WHEREAS, the Board received, on September 25, 2000, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1) That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2) That the Common Council is desirous of establishing a neighborhood partnership center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3) That the property to be leased at 2214 Mishawaka Avenue, South Bend, Indiana, contains approximately 1,200 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4) That on September 25, 2000, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 2214 Mishawaka Avenue, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with Robert J. Filley for a term of twelve (12) months with a twelve (12) month option to renew exercisable by the parties, with rental not to exceed Four Thousand Nine Hundred Twenty Dollars ($4,920.00) in the first lease term and rental not to exceed Five Thousand Four Hundred Twelve Dollars ($5,412.00) if the option to renew is exercised by the parties. 5) That on September 25, 2000, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6) That on September 25, 2000, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7) That having heard all speakers at the presentation and hearing on this Resolution on October 23, 2000, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual Council members, the Common Council of the City of South Bend hereby finds pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 2214 Mishawaka Avenue as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor, is needed. 8) This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Mr. Marco J. Mariani, Neighborhood Planner, Planning & Neighborhood Development, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution on behalf of the City of South Bend Board of Public Works. 1 1 1 REGULAR MEETING OCTOBER 23, 2000 Mr. Mariani asked for the Council's favorable review of this Resolution to allow the City to enter into a lease with Mr. Robert Filley for the River Park Partnership Center located at 2214 Mishawaka Avenue. He noted that they have been renting this location for the last four (4) years. The lease is for the term of twelve (12) months from November 1, 2000 to October 31, 2001 with an option to renew for twelve (12) months. The monthly rental will be four hundred ten dollars ($410.00) which is the current monthly rental fee. Mr. Mariani noted that the space at this location serves the needs of the partnership center programming and the residents are in full support of this lease. Council Attorney Kathleen Cekanski- Farrand pointed out that paragraph seven (7) needs a date inserted which should be October 23, 2000. Councilmember Coleman made a motion to amend the Resolution as recommended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution as amended. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING: BILL NO. 98 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS A PORTION OF IRONWOOD DRIVE FROM THE SOUTH R/W LINE OF LINCOLNWAY EAST TO THE NORTH R/W LINE OF THE CONRAIL (NOW NORFOLK AND SOUTHERN) TRACKS FOR A DISTANCE OF 108.14 FEET AND 84.47 FEET AND A WIDTH OF 30 FEET IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, 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 November 13, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 BILL NO. 100 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, FROM THE EAST R/W OF MAIN STREET TO THE WEST R/W OF THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FOR A DISTANCE OF 165 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; AND THE FIRST NORTH/SOUTH ALLEY EAST OF MAIN STREET, FROM THE NORTH R/W LINE OF THE FIRST EAST /WEST ALLEY NORTH OF WAYNE STREET, TO THE SOUTH R/W LINE OF JEFFERSON BLVD. FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. PART OF THE ORIGINAL PLAT OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 101 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF BROOKFIELD STREET FROM THE NORTH RIGHT -OF -WAY OF MAGYAR COURT TO THE SOUTH RIGHT -OF -WAY OF PRAIRIE AVENUE, FOR A DISTANCE OF APPROXIMATELY 168.3 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADD., 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 November 13, 2000. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -00 FIRST READING ON A BILL TO VACATE THE - FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS ECLIPSE PLACE FROM THE NORTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 30 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA; THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF KALEY STREET FROM THE NORTH R/W OF MARQUETTE BLVD. TO THE SOUTH R/W OF HAMILTON STREET FOR A DISTANCE OF 739.2 FEET AND A WIDTH OF 14 FEET. PART OF VERNON HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING OCTOBER 23, 2000 BILL NO. 103 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, IN, APPROPRIATING $225,000 FROM THE SEWER REPAIR FUND (640) FOR THE PURPOSE OF FUNDING UNANTICIPATED PRIVATE SEWER REPAIRS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 104 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND SEWAGE WORKS AREA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 105 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING THREE ADDITIONAL FUNDS IN THE SOUTH BEND WATER WORKS AREA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on October 17, 2000: BILL NO. 84 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. BROOKFIELD IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 85 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 - 610 COTTAGE GROVE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 13, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS COMMUNITY WORKSHOP ON YOUTH AND LOITERING Council President Pfeifer announced that the third and final loitering conference will be held on November 9, 2000 from 5:00 -8:30 p.m. in the downtown public library. A panel discussion will be held by youth and those representing youth. Participants include Mayor REGULAR MEETING OCTOBER 23, 2000 Stephen Luecke, Police Chief Larry Bennett and Judge Peter Nemeth as well as representatives from neighborhood associations and centers. The purpose of this conference is to bring to close the work they have been doing for the last two (2) years. President Pfeifer noted that the City of South Bend currently does not have a loitering ordinance but one is needed. A draft of the ordinance will be available at the conference. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:15 p.m. ATTEST: '. -/,- &C- Y, Loretta J. ud ffity erk ATTEST: e Charlotte Pfeifei.-Presickili 1 1 1