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HomeMy WebLinkAbout12-18-00 Council Meeting MinutesREGULAR MEETING DECEMBER 18, 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, December 18, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1st District Vice- President Charlotte Pfeifer 2 District President Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th District Chairperson, Committee of the Whole Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Absent: None REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the November 27, 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 November 27, 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 ANNOUNCEMENT OF ORGANIZATIONAL MEETING Council President Pfeifer announced that the Common Council will conduct its annual organizational meeting at 5:00 p.m. on January 1, 2001 in the Council Chambers. ANNOUNCEMENT OF FIRST REGULAR MEETING OF THE COUNCIL - 2001 Council President Pfeifer announced that the first regular meeting of the Common Council will be held at 7:00 p.m. on Monday, January 8, 2001 in the Council Chambers. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Uj dak presiding. BILL NO. 56 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING DECEMBER 18, 2000 Councilmember Aranowski made motion to hear the substitute version of this bill. Councilmember Coleman 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 no recommendation as the Petitioner for this bill did not attend the Committee meeting this afternoon. - 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 `B" Residential, `B" Height and Area to "PHC" Professional/Health Care District to allow an office building. Mr. Byorni noted that the property is currently vacant land. Access to the site is from both Wayne Street and St. Peter Street. The total site to be rezoned is seventeen thousand three hundred eighty (17,380) square feet. Of that, buildings will occupy fifty -one percent (51%) of the site, the parking and drives will occupy twenty -one per cent (21 %) of the site and twenty -eight per cent (28 %) 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 Common Council with a favorable recommendation subject to a final site plan. This petition is a continuation of the approved rezoning for office space to the west and south of the current property. A similar petition for this area to rezone to "C -1" Commercial was approved on January 22, 1996 by the Council but expired due to the failure to develop the property. It is the staff's opinion that this petition is consistent with the office use adjacent to the property. The Area Plan Commission, at their meeting held on November 21, 2000 sent this petition to the Council with a favorable recommendation subject to a final site plan. Mr. Donald Schefineyer, 63262 Orange Road, South Bend, Indiana, was present on behalf of this petition. Mr. Schefineyer stated that his business is located at the Parkview Atrium Office Building located at 300 South St. Louis Boulevard, South Bend, Indiana. He further stated that Mr. Byorni has already stated the purpose of this rezoning. 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 as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 411 EAST IRELAND ROAD 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, as substituted. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 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 petitioners are requesting a zone change from "A" Residential to "PHC" Professional/Health Care to allow an eye care medical clinic and office. The property is currently vacant land. Access to the site is from Fellows Street. REGULAR MEETING DECEMBER 18.2000 Mr. Byorni noted that the total site to be rezoned is one (1) acre. Of that, the buildings will occupy fifteen per cent (15 %) of the site, the parking and drives will occupy forty -eight percent (48 %) of the site and thirty -seven per cent (37 %) 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 showing a cross - access easement with the property to the west. It was the staff's opinion that the "PHC" zoning for the property would create a buffer between the commercial uses to the west and the single- family neighborhood located to the north and east. Additionally, the Area Plan Commission at its meeting held on November 21, 2000 sent this petition to the Council with a favorable recommendation subject to a final site plan. Mr. John Schroeder, 50500 Prestonwood Court, Granger, Indiana, made the presentation for this bill on behalf of The Grab& Group, owners of the property. Mr. Schroeder advised that they have a prospective tenant for an eye medical care clinic. Further discussions will be held pending a favorable zoning change. Mr. Schroeder further advised that the "PHC" zoning would create a buffer between the residents and the commercial businesses along Ireland Road directly to the west of this prroperty. 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 as substituted. Councilinember Vanier seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10 -00 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3016 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilinember Coleman made a motion to continue this bill until February 12, 2001 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 52-00 PUBLIC HEARING ON AB' ILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 108. NORTH MAIN STREET, COMMONLY KNOWN AS THE JMS BUILDING, AND RESCINDING ORDINANCE NO. 8915 -98 Councilmember Coleman made a motion to continue this bill until February 12, 2001 at the request of the petitioner. Councilmember Varner 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- OV-WAY OF WEST NA'VARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 REGULAR MEETING DECEMBER 18, 2000 FEET. PART LOCATED IN THE ORIGINAL TOWN OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Aranowski made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -00 PUBLIC HEARING 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 Councilmember King made a motion to continue this bill until January 8, 2001 at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 108 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17.49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and 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 a thirty -five cent ($.35) per month increase in the water leak insurance program. He noted that any leaks on service lines are handled by this fund which takes the burden off of the homeowner. 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 Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 127 -00 PUBLIC HEARING ON A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Cathy Roemer, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING DECEMBER 18, 2000 Ms. Roemer stated that this bill appropriates additional funds for four- (4) separate funds, two (2) of which are additional dollars for revenue that has already been collected and spent on activities based on the revenue collected. Those funds are the Park Recreation Non- Reverting Fund and the Human Rights Federal Fund. In addiion to those two (2) funds, this is a request for additional dollars in the amount of three hundred fifty thousand dollars ($350,000.000) for the Self Insurance Fund and ninety thousand dollars ($90,000.00) for the Parking Garage Fund. 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 made an otion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 128 =00 PUBLIC HEARING ON A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation, as substituted. Ms. Cathy Roemer, City Controller, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Roemer advised that this bill transfers monies within each depart ment or each fund between major classifications. She noted that this bill does not ask for additional funds but is increasing and decreasing same amounts within individual funds. 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 substitute bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember' Coleman made motion to 'rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ore J. D�4d, Cit Clerk Committee of 1 1 1 REGULAR MEETING DECEMBER 18, 2000 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 7:17 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9180 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO, 9181 -00 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 411 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as heard in the Committee of the Whole. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9182 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 6, SECTION 17.49 OF THE MUNICIPAL CODE TO INCREASE WATER SERVICE FUND CHARGES 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. ORDINANCE NO. 9183 -00 AN ORDINANCE INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 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 DECEMBER 18, 2000 ORDINANCE NO. 9184 -60 AN ORDINANCE TRANSFERRING 1VIONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS..OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 2000 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as heard in the Committee of the Whole. 'Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2954 -06 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 SOUTH BEND REMEDY REH"!LftATION, 402 WEST WASHINGTON, SOUTH BEND; INDIANA 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 pr` ovided 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 South Bend Remedy Rehabilitation 402 West Washington South Bend, IN 46601 in order to permit A Special Exception for Combined Use {Residential & Commercial) in a Commercial Zoning. 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 coiti runty REGULAR MEETING DECEMBER 18, 2000 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the Special Exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, presented the Board of Zoning Appeals recommendation. He noted that the Board of Zoning Appeals heard this petition on November 17, 2000 and sends it to the Council with a favorable recommendation. This Resolution allows a mixed use in a "C" Commercial district which is offices and residential use. Mr. Jeremy Risen, Historic Landmarks Foundation of Indiana, 520 East Colfax, South Bend, Indiana, made the presentation for this petition. Mr. Risen stated that they are proposing the mixed use for the Remedy Rehabilitation Project. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2955 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2629 FOUNDATION DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2629 REGULAR MEETING DECEMBER 18, 2000 Foundation Drive and which is more particularly described as follows: A parcel of land in the.Southwest Quarter of Section 28, Township 38 North, Range2 East, St. Joseph County, Indiana and which has Key Number 25- 1010 - 040012, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council field a ptiblichearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein As an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et sea. SECTION III. This Resolution shall be in full force acid effect from and after its adoption by `the Common Council And approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Nevin J. Siquerra, 2129 Rockne Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Siquerra inforiimed the Council that they have purchased a building on Foundation Drive and with approval of this tax abatement they will start production in mid - January of aeronautical parts. He noted that they hope to employ about twelve (12) individuals in the first year. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the `Council either in favor of or in opposition to this Resolution, Councilmember Ar`anowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by aroll call vote of nine (9) ayes. RESOLUTION NO. 2956 -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 759 WEST CHIPPEWA AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR PLASTIC SOLUTIONS, INC. REGULAR MEETING DECEMBER 18.2000 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 759 West Chippewa Avenue, South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A tract of land in Section 23, Township 37 North, Range 2 East of the Second Principal Meridian in St. Joseph County, Indiana, more particularly described as follows: Commencing at the Southwest corner of Section 23, Township 37 North, Range 2 East; thence along the South line of said Section 23 South 89 degrees 37' 05" East (the bearing of this course being assumed and all other bearings being derived therefrom) 2 ,649.08 feet to the Southwest corner of the Southeast Quarter of said Section 23; thence continuing along the South line of said Southeast Quarter South 90 degrees 00'00" East 178.42 feet to the Point of Beginning of this tract of land; thence North 0 degrees 27' 07" East 752.87 feet thence South 89 degrees 32' 53" east 576.63 feet; thence North 00 degrees 27' 07" East 1885.37 feet to the North line of the Southeast Quarter of said Section 23; thence South 89 degrees 36' 39" East 150.00 feet along the North line of said Southeast Quarter; thence North 0 degrees 23'21 " East 40.00 feet; thence South 89 degrees 36' 39" East parallel to the North line of said Southeast Quarter 80 feet; thence South 0 degrees 23' 21" West 40.00 feet to the North line of said Southeast Quarter; thence South 89 degrees 36'39" East along said North line 1656.99 feet to the Northeast corner of said Southeast Quarter; thence South 0 degrees 23' 54" West 163.00 feet along the East line of Section 23; thence South 89 degrees 36'06" East 17.10 feet to the Westerly right of way of the Conrail Railroad; thence along said right of way line 805.63 feet along a curve to the right having a radius of 5680.15 feet and subtended by a long chord having a bearing of South 25 degrees 20' 34" West and a length of 804.95 feet; thence continuing on said right of way line South 29 degrees 17' 52" West 1983.97 feet to the South line of Section 23 and the centerline of Chippewa Avenue; thence South 90 degrees 00' 00" West along said South line 1184.94 feet to the Point of Beginning. Containing 89.675 acres more or less. PARCEL II: A non - exclusive right -of -way and easement for the use, inspection, construction, installation, repair, maintenance, and replacement, of a 48 inch storm sewer for surface water run -off as it flows from the Main Plant (Parcel 1), across, through, over and under "Plant 8" and the "Remaining Property" (as defined in the Declaration of Easements, Covenants, and Conditions made as of September 20, 1984 by Amland Corporation and recorded in the Office of the Recorder of St. Joseph County, Indiana as Document No. 8419846 into Bowman Creek. Said easement to be described as follows: A parcel of land in the Northeast Quarter of Section 23, Township 37 North, Range 2 East, being a strip of land thirty (30) feet wide, fifteen (15) feet on each side of the following described line. Beginning at a point on the South line of said Northeast Quarter 680 feet West of the Southeast corner of said Quarter Section; thence North 0 degrees 25' East 43 feet; thence North 49 degrees West along the approximate centerline of the existing storm sewer 148 feet to the North line of Plant 8 parcel. and which has Key Number 18- 8020 -0837, 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 REGULAR MEETING et s6g., and; DECEMBER 18, 2000 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 se g., and South Bend Municipal Code Sections 2 -76, et se g., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6- 1.1- 12.1 -4.5 et. sea., that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of Benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 1 of the Petition for Personal Pro "petty Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being pfescribed 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 than the property owner is qualified for and is g "ranted 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. REGULAR MEETING DECEMBER 18, 2000 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. Bob Tennyson, CEO, 759 West Chippewa Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Tennyson indicated that this is the company's second major expansion in the last ten (10) years and they are excited about getting Plastic Solutions prepared for what they see to be an ongoing problem in the area with the start-up of the H2 plant. He noted that they are trying to equip themselves and bring in the right technical individuals to be able to run the facility in a completely different fashion than they have in the past. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2957 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AN APPLICATION FOR A BROWNFIELDS CLEANUP REVOLVING LOAN FUND GRANT WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive Officer of the City and is the appropriate applicant for a Brownfields Cleanup Revolving Loan Fund Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application to the United State Environmental Protection Agency for a Brownfields Cleanup Revolving Loan Fund Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfields Cleanup Revolving Loan Fund Grant application to be submitted by the Mayor to the United States Environmental Protection Agency. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the United States Environmental Protection Agency upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South REGULAR MEETING DECEMBER. 18,2000 Bend any grant awarded under this application. SECTION VI. That this resolution shall be in full force and effect -from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Ms. Agin E. Kolata, Redevelopment Specialist, Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata informed the Council that this Resolution authorizes the City to submit an application to the EPA for a Brownfields Revolving Loan Fund Grant. She noted that the application is in the amount of one million dollars ($1,000,000.00) but it is unknown how much the City will actually receive. Ms. Kolata noted that they have targeted two (2) types of projects for this grant. One is the commercial corridor program and the other is large proj ects which could include the Studebaker Corridor, the Omniplex, Frederickson Park or any other large scale projects. The remainder of the grant would be for administrative costs and environmental consultants. 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. 2958 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING THE PROPERTY LOCATED ADJACENT TO THE ORGANIC RESOURCES PLANT WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public Works to acquire approximately 0.85 acres of a two lot piece of real property, comprising land and a house, at 4236 West Cleveland Road in South Bend, Indianan which real property is owned by Mr. and Mrs. Faulkens, who reside in the house on the property directly adjacent to the Organic Resources plant, and is particularly described as: That part of the Northwest quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, German Township; St. Joseph County, Indiana which is described as: Beginning at a P.K. Nail set on the North Line of said Section 28 and the centerline of Cleveland Road which is S. 89 057' -50" E., 1325.33 ft: from the Northwest corner of said Section 28; thence S. 89 °57' -50 E. 132.00 ft. along said North line and centerline to a set P.K. Nail; thence S. 00 °- 10' -37" W., 990.00 ft. to a set 5/8" capped rebar; thence N. 89 °- 57' -50" W., 132.00 ft. to a set 5/8" capped rebar; thence N. 00 °- 10' -37" E., 990.00 ft. to the point of beginning. Containing 3.00 acres and 'comprised of two (2) lots. Subject to all legal highways, easements and restrictions of record. ("Real Property "); and WHEREAS, the additional Real Property will allow Organic Resources to expand its public loading area and increase its service to the comriunity without encroaching -on its adjacent neighbors, the Faulkens, residing at 4236 West Cleveland Road; and 1 1 1 REGULAR MEETING DECEMBER 18, 2000 WHEREAS, there are additional houses located in the neighborhood. None, however, are located immediately adjacent to the Organic Resources plant on Cleveland Road; and WHEREAS, the Faulkens successfully petitioned the Area Plan Commission for the creation of two legal lots of record out of one legal lot of record, of which the Board of Public Works is interested in one lot. WHEREAS, an appraisal of this property done three (3) years ago appraised this property at $40,000.00 and the rezoning of this property has increased the value of the property in the intervening three (3) years. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City Engineer is authorized and directed to cause a notice and written offer in the amount of $45,000.00 to be made to the owners of Real Property described herein after a title commitment and a separate legal description are obtained for the property. Section II. 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. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that this Resolution is a proposal to acquire a small residential property that is located immediately east of the Organic Resources facility on the south side of old Cleveland Road. He noted that the parcel would be useful to the overall future operations of the organic resources composting and bio solids facility. Mr. Gilot further noted that this is a forty-five thousand dollar ($45,000.00) acquisition which is based on appraisals. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2959 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA EXPRESSING ITS INTEREST IN SELLING THE PROPERTY LOCATED ADJACENT TO THE ORGANIC RESOURCES PLANT WHEREAS, the City of South Bend, Indiana, desires to sell real property which forms part of the Organic Resources facility and is located along the south side of Old Cleveland Road between the Organic Resources facility and the South Bend Regional Airport with a real property address of 22740 West Cleveland Road in the City of South Bend; and WHEREAS, this parcel is a 15.18 acre tract and three acres are deemed buildable upon survey and environmental study while 12 acres are nonbuildable upon survey and environmental study; and WHEREAS, pursuant to I.C. 36- 1 -11 -1 et seq., the City has had two appraisals of the property performed and in accordance with I.C. 5 -3 -1 has conducted a hearing to receive bids on the property; and REGULAR MEETING DECEMBER 18, 2000 WHEREAS, the City received one bid equal to at least 90 % of the appraised value oftle land and the City has accepted the bid as being sufficient; grid WHEREAS, the Mayor of the City of South Bend has given his approval for the sale of the land consistent with I.C. 36- 1- 11- 3(b)(1). NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Director of Public Works and the Board of Public Works for the City of South Bend are hereby authorized to enter into a contract for the sale of the land referred to above. Section II. Copies of the appraisals are being made available for public inspection by providing copies of the same to the South Bend Common Council. Section III. 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 MT. Gary Gilot, Director, Department of Public Works, 1300 County -City Building, South Bend, Indiana, made the presentation for `this bill. Mr. Gilot stated that this Resolution authorizes the sale of surplus property at the west end of the Organic Resources site on the south side of-old Cleveland Road. He noted that the City is reserving a fifty (50) foot right -of -way to make some of the southern portion of the one hundred (100) acres accessible to the City. He further stated that they believe that a partnership with the State of Indiana for a facility that would be constructed by the Holiday Corporation would be in the best interest of the community and therefore they are prepared to sell this prop& "rty at the purchase offer price which exceeds ninety per cent (90 %) of the average of two (2) appraisals. A Public Hearing was held on the Resolution at this time. Mr. Frank Peri, Holiday Group, South Bend, Indiana, informed the Council that they are the developer for the project for the State of Indiana to construct a juvenile facility on the property that Mr. Gilot referred to earlier. The "re was no one else present wishing to'speak to the Council in favor of this Resolution and there was no one present wishing to speak to the Council in opposition to this Resolution. Councilmember" Varner stated that mention was made that bids were received in excess of ninety per cent (90 %) of the appraised value and he asked for the appraised value and the purchase price. Mr. Gilot stated that ninety -five per cent (95 %) of the average of two (2). appraisals was ninety four thousand five hundred dollars ($94,500.00) and the one and only bid received was for ninety -five thousand dollars ($95,000.00). In response to Councilmember Varner's question of the number of acre's involved, Mr. Gilot stated that three (3) acres are buildable and the remaining twelve (12) acres are not buildable. Councilmember Varner also inquired-if this price was comparable to the sale price of other land in the area on a per acre basis. He noted that the Council has been told that this is a very popular area that is quickly developing and he inquired if the City was comfortable with this offer. Mr. Gilot stated that the unit price on buildable acres close to this site was comparable to other sales. The other acreage price is reflective of the fact that there is a significant impediment to using that property to build on but it can be used for recreational fields. Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 1 REGULAR MEETING BILLS - FIRST READING DECEMBER 18.2000 BILL NO. 129 -00 FIRST READING 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN TOWNSHIP CONTIGUOUS THEREWITH; (BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.) 25,500 BLOCK OF OLD CLEVELAND ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember White made a motion to set this bill for Public Hearing on January 22, 2001 and send it to the Area Plan Commission for review and recommendation. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 130 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW CERTAIN TYPES OF MANUFACTURING RETAILERS IN THE "A -3" MIXED USE MULTIFAMILY RESIDENTIAL AND COMMERCIAL DISTRICT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission and set it for Public Hearing and Third Reading on January 8, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 132 -00 FIRST READING ON A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS 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 nine (9) ayes. Council President Pfeifer noted that this bill is Council initiated. BILL NO. 133 -00 FIRST READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 13, ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE CONCERNING FIREARMS This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on January 8, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Council President Pfeifer welcomed Mr. Fred Thon who has joined the staff in the Mayor's office as an Administrative Assistant. REGULAR MEETING DECEMBER 18, 2000 ADJOURNMENT There being no further bu"'slil come before the Council, President Pfeifer adj ourned the meeting at 7:40 p.m. ATTEST: LorettGqD��, Ci Clerk ATTEST: Charlotte Pfeifer, Presiden - 1 [1 1