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HomeMy WebLinkAbout11-08-99 Council Meeting MinutesREGULAR MEETING NOVEMBER 8, 1999 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, November 8, 1999, at 7:00 p.m. The meeting was called to order by Council Vice - President John Hosinski and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Karl King David Varner Andrew Uj dak John Hosinski Absent: Sean Coleman Rod Sniadecki Roland Kelly 1St District 2nd District Chairperson, Committee of the Whole 4th District 5th District 6th District At -Large Vice - President At -Large President At -Large 3rd District 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 25, 1999 meeting of the Council and found them correct. Therefore, I recommend the same be approved. - s/David Varner Councilmember Aranowski made a motion that the minutes of the October 25, 1999 meeting of the Council be accepted and placed on file. Councilmember Pfeifer seconded the motion. It was noted that Council President Coleman, the second member of the Sub - Committee on Minutes, was not present at this meeting but was present at the Council meeting of October 25, 1999. Therefore, the report from the Sub - Committee for these minutes should be heard at the next Council meeting when President Coleman would be present. Therefore, Councilmember Aranowski withdrew his motion for acceptance of the minutes and Councilmember Pfeifer withdrew her second to that motion. SPECIAL BUSINESS Vice President Hosinski noted that on January 1, 2000 the Council will be making two (2) appointments to the Redevelopment Commission. The terms of current members Marcia Jones and Bob Hunt will expire at that time. Vice - President Hosinski indicated that any person wishing to submit a resume for these positions should do so to the Council office. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Ujdak made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. Chairman Pfeifer presiding. BILL NO. 77 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON CALVERT STREET BETWEEN KALEY AND NEW ENERGY DRIVE 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 REGULAR MEETING NOVEMBER 8, 1999 petitioner is requesting a zone change from "E" Heavy Industrial, "F" Height and Area to "A Residential, "A" Height and Area to allow single - family homes. He noted that the property is currently vacant and access to the site is from Calvert Street. The total site to be rezoned is 3.6 acres. Additionally, based on information available to the Area Plan staff prior to their Public Hearing they recommended that this petition be sent to the Council with a favorable recommendation. The development of these lots as single family homes would be an extension of the existing residential development to the east. Also, the Area Plan Commission at its Public Hearing held on October 19, 1999, sends this petition to the Council with a favorable recommendation. Mr. Michael E. Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this rezoning. Mr. Urbanski informed the Council that this is a continuation of the Meade Street single family dwellings. He noted that all the lots along Calvert Street were zoned residential. However, when the New Energy Plant went in they took that whole area in as industrial. Mr. Urbanski noted that there are about eight (8) residences in that area that are zoned industrial. This development is a continuation of a previous project and will consist of nineteen (19) single family residences. 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 Ujdak seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 78 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2313 W. EWING IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski 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. Byomi advised that the petitioner is requesting a zone change from "D" Light Industrial, `B" Height and Area to "A" Residential, "A" Height and Area to allow a single family home. He noted that the property is currently vacant and access to the site is from Ewing Avenue and Olive Street. The total site to be rezoned is sixteen thousand seven hundred eighteen (16,718) square feet. Mr. Byorni noted that a site plan is not required for zonings to "A" Residential. Mr. Byomi further advised that based on information available to the Area Plan staff prior to the public hearing, they send this bill to the Council with a favorable recommendation. This property is between two (2) residential areas. The use of this property for one single family home would have no negative impact on the surrounding uses. Additionally, the Area Plan Commission, based on their Public Hearing held on October 19, 1999, sends this bill to the Council with a favorable recommendation. Mr. Jerry Zock, 2311 Highland Avenue, South Bend, Indiana, Petitioner, made the presentation for this bill. Mr. Zock informed the Council that the area that he wishes to build on is zoned light industrial. It is heavily wooded and hilly and in order to use it for that purpose some of the land and trees would have to be removed. He noted that he intends to leave the lot in its present condition and will build a residential structure. He further noted that the neighbors have indicated that they would like to see this happen. 1 REGULAR MEETING NOVEMBER 8, 1999 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 Uj dak made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 79 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, IN Councilmember Hosinski made a motion to strike this bill from the agenda. Councilmember Aranowski seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 81 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 705 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous 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, "E" Height and Area to `B" Residential, `B" Height and Area to allow multi - family apartments. Mr. Byorni noted that the property currently contains a multi - family building. Access to the site is from Lincolnway East. The total site to be rezoned is five thousand six hundred (5,600) square feet of which the buildings occupy twenty -four per cent (24 %) of the site, parking and drives will occupy twenty -four per cent (24 %) and fifty -two per cent (52 %) of the site will remain as open space. Mr. Byorni further noted that based on information available prior to the Area Plan Commission Public Hearing, the Area Plan staff recommended that this petition we sent to the Council with a favorable recommendation. This site has been in continuous use as apartments since before the zoning code was adopted. This rezoning would put the zoning in conformance with the existing use. Further, at it's Public Hearing held on October 19, 1999, the Area Plan Commission sends this petition to the Council with a favorable recommendation. Mr. Patrick D. Myers, owner of property at 705 Lincolnway East, South Bend, Indiana, and Petitioner, made the presentation for this petition. Mr. Myers informed the Council that he has requested this rezoning in order to bring this real estate into compliance with what it has been used for. 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 Hosinski seconded the motion which carried by a voice vote of six (6) ayes. REGULAR MEETING NOVEMBER 8, 1999 BILL NO. 87 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1040 W. WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski made a motion to table this bill. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. RISE AND REPORT Councilmember Ujdak made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. ATTEST: 'r, ZL=�4' Loretta J. uda, it Clerk/ REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, Chairp sonJ Committee of the Whole Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor ofthe County -City Building at 7:16 p.m. Council Vice - President John Hosinski presided with six (6) members present. BILLS - THIRD READING ORDINANCE NO. 9051 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON CALVERT STREET BETWEEN KALEY AND NEW ENERGY DRIVE This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9052 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2313 W. EWING IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of six (6) ayes. ORDINANCE NO. 9053 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 705 LINCOLNWAY EAST IN THE CITY OF SOUTH BEND, INDIANA f 1 REGULAR MEETING NOVEMBER 8, 1999 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Ujdak seconded the motion which carried and the bill passed by a roll call vote of six (6) ayes. RESOLUTIONS RESOLUTION NO. 2808 -99 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 1511 PULASKI STREET, 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; WHEREAS, the South Bend Board ofZoning Appeals has made a recommendation, pursuant - to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1511 Pulaski Street, South Bend, IN, in order to permit the use of the facility for the collection, storage of paper, and its related activities as contemplated by Section 21- 36(22). The existing facility is a former trucking terminal and petitioner wishes to renovate the buildings to permit the collection, storage and recycling of paper. The property is presently zoned E -f (Heavy Industrial). Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and REGULAR MEETING NOVEMBER 8, 1999 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 /John Hosinski Member of the Common Council Councilmember Hosinski reported that the Zoning and Annexation Committee met on this Resolution and sends it to the Council with a unanimous favorable recommendation. Ms. Catherine M. Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, gave the report from the Board of Zoning Appeals. Ms. Brucker informed the Council that this is a vacant trucking terminal and locating the proposed business in an already approved facility will not endanger the public health, safety, morals, comfort or general welfare of the surrounding area. New signs will be posted prohibiting trucks on residential streets. Additionally, this new business will actually have less traffic than the previous trucking facility at this location and will not be injurious to the use and enjoyment of the adjacent properties nor will it substantially diminish and impair property values. Further, a large buffer is being maintained to the residential properties to the south. This land was previously used as a truck terminal facility and has sat vacant for many years and this use will upgrade the property. Adequate utilities, access roads, drainage and necessary facilities are existing. Also, adequate measures to provide ingress and egress so designated as to minimize traffic congestion in the public streets are existing. Ms. Brucker noted that the Board of Zoning Appeals, at its Public Hearing held on October 21, 1999, sends this petition to the Council with a favorable recommendation. Mr. Kenneth P. Fedder, Attorney at Law, Allen, Fedder, Herendeen & Kowals, Suite 606,205 West Jefferson Boulevard, South Bend, Indiana, made the presentation for this Resolution on behalf of the Petitioners, South Bend Warehousing & Distribution Corporation, 1200 South Olive, South Bend, Indiana. Mr. Fedder informed the Council that this property is zoned "E"-"f Heavy Industrial and was formerly a trucking terminal. The Petitioners would like to use this facility for recycling of paper. This business will put several people back to work and improve the neighborhood. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 2809 -99 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 231 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 1 r,. REGULAR MEETING NOVEMBER 8, 1999 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; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 231 South Michigan Street, South Bend, Indiana 46601 in order to permit petitioners to convert an office located on the second floor of the property which is currently zoned C- Commercial into an apartment for personal use by the owner of the sole occupant of the property, said occupant being a business commonly known as Dainty Maid Bakery Section lI. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere 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 /John Hosinski Member of the Common Council Councilmember Hosinski reported that the Zoning and Annexation Committee met on this Resolution and sends it to the Council with a unanimous favorable recommendation. REGULAR MEETING NOVEMBER 8, 1999 Ms. Catherine M. Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, gave the report from the Board of Zoning Appeals. Mr. Brucker reported that the building at 231 South Michigan Street is existing with a commercial store front. Locating one (1) apartment on the second floor will not be detrimental to or endanger public health, safety, morals, comfort or general welfare. The commercial use is existing and the addition of a residence will actually improve the surrounding property values. The downtown area has been planned for location of commercial /residential uses and this use falls within the planned development for the area. Adequate utilities, access roads, drainage and necessary facilities are existing. Further, adequate measures to provide ingress and egress so designated as to minimize traffic congestion in the public streets are existing. Ms. Brucker noted that the Board of Zoning Appeals, at its Public Hearing held on October 21, 1999, sends this petition to the Council with a favorable recommendation. Mr. Charles Leone, Attorney at Law, 105 East Jefferson Boulevard, Jefferson Centre Suite 400, South Bend, Indiana, made the presentation on behalf of the Petitioner, David L. Hab and Lois M. Busse, 231 South Michigan Street, South Bend, Indiana. Mr. Leone informed the Council that the building in question currently houses the Dainty Maid Bake Shop on the first floor. The owner would like to renovate one -third (1/3) of the second floor for use as an apartment. The upstairs is also used as an office and for storage. This use is consistent with what has been done in that block and will be an asset. 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 Pfeifer 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 six (6) ayes. RESOLUTION NO. 2810-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and/or covenants of record. and which has Key Number 25- 1013 - 0211.19, as an Economic Revitalization Area; and 1 1 1 REGULAR MEETING NOVEMBER 8, 1999 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /John Hosinski Member of the Common Council Councilmember Aranowski made motion to hear the substitute version of this Resolution. Councilmember Pfeifer seconded the motion which carried by a voice vote of six (6) ayes. Ms. Judith A. Eck, President, FDC Graphic Films, Inc., 3820 William Richardson Drive, South Bend, Indiana, made the presentation for this Resolution. Ms. Eck informed the Council that her firm has enjoyed a tremendous tenure in South Bend and has experienced an increase of business. They currently have a great opportunity to work with the 3M Company and are therefore requesting this tax abatement to purchase additional equipment in order to continue their level of service. 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 King made a motion to adopt this Resolution as substituted. Councilmember Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 2811-99 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 4101 WILLIAM RICHARDSON DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR NEW CARBON COMPANY, 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, REGULAR MEETING NOVEMBER 8. 1999 requesting that the area commonly known as 4101 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: Lot numbered eight (8) as shown on the recorded Plat of West Cleveland Road Industrial Park, Section One, recorded November 6, 1997 as Document Number 9746182 in the Office of the Recorder of St. Joseph County, Indiana. and which has Key Number 25- 1013 - 0207.02, 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 seq., 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5 et. sea.' that: a. The estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment. d. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. The totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. REGULAR MEETING NOVEMBER 8, 1999 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 /John Hosinski Member of the Common Council Councilmember Pfeifer made motion to hear the substitute version of this Resolution. Councilmember King seconded the motion which carried by a voice vote of six (6) ayes. Councilmember King reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Rick McKeel, Vice - President, Finance, P.O. Box 71,324 E. Dewey, Buchanan, Michigan, made the presentation for this Resolution. Mr. McKeel stated that New Carbon Company, Inc. is a manufacturer of Golden Malted Pancake and Waffle Flour products and commercial Waffle Bakers. The company is transferring approximately sixty thousand dollars ($60,000.00) of equipment from their Buchanan location to the William Richardson Drive location. This includes drill presses, sand blasters, ovens, materials handling equipment, office furniture and fixtures and all other related equipment. In addition, the company is projecting to purchase between two hundred thousand dollars ($200,000.00) to three hundred thousand dollars ($300,000.00) of new equipment. It is estimated that the project will create five (5) to eight (8) new permanent jobs, representing a new annual payroll of two hundred thousand dollars ($200,000.00) to three hundred thousand dollars ($300,000.00) per year and will maintain twenty -seven (27) existing jobs representing an annual payroll of eight hundred forty -four thousand nine hundred five ($844,905.00). Mr. McKeel concluded by stating that they are excited about the growth and development of the business in South Bend. A Public Hearing was held on this 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 King made a motion to adopt this Resolution as substituted. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of six (6) ayes. RESOLUTION NO. 2812-99 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 2313 WEST EWING AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JERRY ZOCK REGULAR MEETING NOVEMBER 8, 1999 WHEREAS, a Statement of Benefits 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 2313 West Ewing Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots 335, 336, 337 Highland Park 2nd Addition and which has tax Key Number 18- 8099 -3767, 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 seq., 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: 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 1 I 1 REGULAR MEETING NOVEMBER 8, 1999 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby 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. 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/John Hosinski Member of the Common Council Councilmember King reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a unanimous favorable recommendation. REGULAR MEETING NOVEMBER 8. 1999 Mr. Jerry Zack, 2311 Highland Avenue, South Bend, Indiana, Petitioner, made the presentation for this Resolution. Mr. Zock informed the Council that he wishes to build a residential structure at 2313 West Ewing Avenue which will be a two (2) bedroom, two (2) bathroom house with a two (2) car garage. A Public Hearing was held on this 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 King 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 six (6) ayes. Councilmember Hosinski congratulated Mr. Zock on the proposed building of the first geodesic dome structure in the City. BILLS - FIRST READING BILL NO. 88 -99 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE SECOND EAST /WEST ALLEY SOUTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF -WAY OF BLAINE AVENUE TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF BLAINE AVENUE FOR A DISTANCE OF APPROXIMATELY 102.2 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN THE SUB. OF OUTLOT D, KLINGEL'S MICHIGAN AVENUE ADD. AND LEDERER'S SUB. OF OUTLOT A, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Pfeifer 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 22, 1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 89 -99 FIRST READING ON A BILL TO VACATE DAYTON STREET FROM THE WEST RIGHT -OF -WAY OF MIAMI TO THE EAST RIGHT -OF -WAY OF DALE STREET FOR A DISTANCE OF APPROXIMATELY 400 FEET AND A WIDTH OF 60 FEET 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 22,1999. Councilmember Aranowski seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 90-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 312 DONMOYER, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Aranowski seconded the motion which carried by a voice vote of six (6) ayes. REGULAR MEETING NOVEMBER 8, 1999 BILL NO. 91-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 302 WEST WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Pfeifer seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 92-99 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1408 & 1412 MISHAWAKA AVENUE AND 912 OAKLAND AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 93 -99 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8007 -89 AS TO THE MONTHLY SERVICE CHARGE FOR LEAF COLLECTION AND REMOVAL This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 94 -99 FIRST READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 17, ARTICLE SEVEN, SECTION 17 -56 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE SEWER SERVICE FUND AND CHARGES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 95 -99 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUND OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on December 13, 1999. Councilmember King seconded the motion which carried by a voice vote of six (6) ayes. REGULAR MEETING NOVEMBER 8, 1999 BILL NO. 96 -99 FIRST READING ON A BILL APPROPRIATING $3,791,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2000, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 97-99 FIRST READING ON A BILL TRANSFERRING $592,063 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember King seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 98-99 FIRST READING ON A BILL APPROPRIATING $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember King seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 99-99 FIRST READING ONABILL APPROPRIATING $541,060 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 100 -99 FIRST READING ON A BILL APPROPRIATING $81,964 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF BUSINESS ASSISTANCE'S ADMINISTRATIVE BUDGET 1 J REGULAR MEETING NOVEMBER 8, 1999 This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 101 -99 FIRST READING ON A BILL APPROPRIATING $130,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 2000 BEGINNING JANUARY 1,2000 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee for Public Hearing and Third Reading on November 22, 1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 102 -99 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A SPECIAL GRANT FUND WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on November 22, 1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. BILL NO. 103 -99 FIRST READING ON A BILL AUTHORIZING THE ISSUANCE AND SALE OF NOT MORE THAN $1,300,000 ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 (RINK RIVERSIDE PRINTING, INC. PROJECT) OF THE CITY OF SOUTH BEND, INDIANA, FOR THE PURPOSE OF FUNDING A LOAN TO RINK RIVERSIDE PRINTING, INC. IN ORDER TO FINANCE THE ACQUISITION AND INSTALLATION OF EQUIPMENT AND MACHINERY TO BE UTILIZED IN AN EXISTING MANUFACTURING FACILITY LOCATED IN THE CITY OF SOUTH BEND, INDIANA; PROVIDING FOR THE PLEDGE OF REVENUES FOR THE PAYMENT OF SUCH BONDS; AUTHORIZING THE EXECUTION OF A BOND PURCHASE AND LOAN AGREEMENT AND A PROJECT NOTE APPROPRIATE FOR THE PROTECTION AND DISPOSITION OF SUCH REVENUES AND TO FURTHER SECURE SUCH BONDS; AND AUTHORIZING SUCH OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS This bill had first reading. Councilmember King made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on November 22,1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council. REGULAR MEETING NOVEMBER 8, 1999 NEW BUSINESS Councilmember Hosinski congratulated all members of the Council who were recently re- elected to their respective positions. Councilmember Hosinski further informed members present that it has been a privilege for him to serve with the current members of the Council. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to members of the Council a Report entitled College Football Hall of Fame - Operations - First Nine Months Totals indicating the revenue, expenses, net gain/loss, Enshrinement & Heisman and Totals - gain/loss for the years 1996, 1997,1998 and 1999. Mr. Cierzniak reviewed the numbers for the Council and asked that the Council please give close attention to this figures. He further informed the Council that he struck out with his request of the South Bend Tribune to pay for naming privileges for the Hall. He also indicated that he will ask the members of the South Bend Tribune Editorial Board that live outside of the City to make a contribution to the Hall. Vice - President Hosinski acknowledged that Boy Scout Troop 451 from Christ the King Parish was present at the meeting today and informed them that the Council appreciates their attendance. ADJOURNMENT There being no further business to come before the Council, Council Vice - President Hosinski adjourned the meeting at 7:48 p.m. ATTEST: r � � � � �_' /-, /Z) , Loretta J. uda, it Clerk C] i