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HomeMy WebLinkAbout11-22-99 Council Meeting MinutesREGULAR MEETING NOVEMBER 22, 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 22, 1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Ujdak Rod Sniadecki Sean Coleman John Hosinski Absent: None 1St District 2nd District Chairperson, Committee of the Whole 3rd District 4th District 5th District 6th District At -Large At -Large President At -Large Vice - President 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 and November 8, 1999, meetings of the Council and found them correct. -- Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Kelly made a motion that the minutes of the October 25, 1999 and November 8, 1999 meetings of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS Councilmember Aranowski made a motion to conduct a Special Meeting of the Council on Friday, December 3,1999 at 12:00 noon in the Common Council Informal Meeting Room, 4th floor, County - City Building, South Bend, Indiana. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Council President Coleman indicated that the Council will conduct only one (1) regular meeting during the month of December on the 13th at 7:00 p.m. in the Council Chambers. They will not conduct a second meeting on the second Monday of the month. Additionally, Council President Coleman advised that the Council currently has two (2) appointments to the Redevelopment Commission for the term beginning January 1, 2000. He indicated that the two (2) current members, Robert Hunt and Marcia Jones have expressed an interest in being reappointed. He noted that the Council will be looking to Community and Economic Development Committee Chairman Roland Kelly to make some recommendations on how the Council will proceed with these appointments. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7: 06 p.m. Councilmember Varner made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Pfeifer presiding. REGULAR MEETING NOVEMBER 22, 1999 BILL NO. 88 -99 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 Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Clarence Blakley, 537 North Blaine Street, South Bend, Indiana, Petitioner, made the presentation for this bill. Mr. Blakley informed the Council that he owns property on both sides of the alley to be vacated. He hopes that the closing of this alley will alleviate congestion, will allow him to park on that property and he will be able to improve both lots. He also advised that he plans to join the two (2) lots together and build a garage some time in the future. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Ed Magdalinski, no address given, informed the Council that he is against this vacation at this time just as he was opposed some years ago when the previous owner of the property tried to close the alley. He stated that closing the alley would be an inconvenience for him as he lives by the alley. He noted that his wife is in a wheelchair and she gets in and out of the car off of the alley and individuals utilizing the alley have no consideration for others. In conclusion, he stated that the closing of this alley would create more traffic in the alley on which he lives. There were no other individuals present wishing to speak either in favor of or in opposition to this bill. In rebuttal, Mr. Blakley indicated that in regards to the comment concerning increased traffic, Mr. Magdalinski lives on the alley south of the alley in question and he does not believe Mr. Magdalinski's alley will see increased traffic with the closing of this alley. Council President Coleman noted that the specific criteria that the Council must take into consideration is whether or not the closing would adversely affect the area and one consideration is limited access. In this case, the affected party is the petitioner. President Coleman indicated that he will discuss with Mr. Magdalinski some of his concerns not directly related to the closing of the alley. In response, Mr. Magdalinski informed the Council that if they close the alley as requested, it will bring more traffic into his alley. Councilmember Hosinski noted that he is familiar with the area and is not convinced that the traffic will be increased should the alley be vacated as requested. Therefore, Councilmember Hosinski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. JI I REGULAR MEETING NOVEMBER 22, 1999 BILL NO. 89 -99 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 Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski - Farrand advised that Section 5 of the bill should be amended to read as follows: Section 5. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and recording of an Easement Agreement acceptable to the City of South Bend. Therefore, Council President Coleman made a motion to amend the bill as outlined above. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Mr. William E. Coleman, Jr., Mathews, Purucker, Anella, Inc., 218 South Frances Street, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioners, Diocese of Fort Wayne, The Most Rev. Daniel R. Jenky, Rector and Auxiliary Bishop, Cathedral of Saint Matthew, 1701 Miami Street, South Bend, Indiana. Mr. Coleman advised the Council that the Cathedral of Saint Matthews desires to expand their — -i facilities and are in the process of developing plans. It has been determined that it is a logical choice to expand to the south. They are asking that the street be vacated in order to achieve the maximum flexibility to the project. He noted that the Diocese owns properties on both sides of the street and will utilize some property for the development of additional off street parking. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kenneth Kuespert, Evangelical Lutheran Church, no address given, asked one question of the Council concerning the one hundred and fifty foot (150) radius requirement and what does it mean to them. He noted that they are in favor of the vacation as it will enhance the neighborhood. Councilmember Pfeifer informed Mr. Kuespert that pursuant to City ordinance all property owners within one hundred fifty feet (150') of the proposed vacation must be notified of the Council's Public Hearing and that is why they were notified. There was no one else wishing to speak to the Council either in favor of or in opposition to this bill. Council President Coleman made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 90 -99 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 Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the REGULAR MEETING presentation for this bill. NOVEMBER 22, 1999 Mr. Oxian indicated that the property at 312 Donmoyer Avenue is known as James Monroe School and has a ranking of twelve (12) in the Indiana Historic Sites and Structures Inventory. Mr. Oxian further noted that the structure was built in 1931 for around thirty thousand dollars ($30,000.00). The famous architect, Freyermuth and Maurer, was known for other significant houses and buildings and followed Frank Lloyd Wright's ideas. Additionally, the company that constructed the building was an old time South Bend company. 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 91 -99 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 Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, 742 Sancome Street, South Bend, Indiana, President, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Oxian noted that this property is known as the People's Church and is a number thirteen (13) in the Indiana Historic Sites and Structures Inventory. He noted that it is a Richardsonian Romanesque style building that was originally the First Presbyterian Church. Funds to build this building were provided by the Chapins, Studebakers and the Olivers. He noted that this structure is an example of superior architecture. 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, Council President Coleman made a motion for favorable recommendation to full Council concerting this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 93-99 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 Council President 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 Sniadecki reported that the Utilities Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. C 1 1 REGULAR MEETING NOVEMBER 22, 1999 Council President Coleman made a motion to amend this bill as follows: In Section II add new first sentence and strike old. It should now read as follows: Pursuant to I.C. 36- 9 -30 -21 each recipient of a utility bill within the City limits shall be charged for the services provided. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Lewis N. Powell, Director of Public Works, 227 West Jefferson Boulevard, 13"' Floor, South Bend Indiana, made the presentation for this bill. Mr. Powell informed the Council that this is the first rate increase since August of 1989. He noted that is time to rebuild some of the equipment that has been used in this program over the last ten (10) years. This bill raises the monthly service charge for leaf collection and removal from eighteen cents ($.18) to thirty -three cents ($.33) per month. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 94 -99 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 17, ARTICLE SEVEN, SECTION 17 -56 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE SEWER SERVICE FUND AND CHARGES Councilmember Sniadecki reported that the Utilities Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Lewis N. Powell, Director of Public Works, 227 West Jefferson Boulevard, 13"' Floor, South Bend Indiana, made the presentation for this bill. Mr. Powell informed the Council that the on -going balance in the sewer repair fund has been reviewed and it was realized that at this time there are sufficient funds with a balance carried over each year. Therefore, this bill reduces the sewer repair /insurance monthly charge from ninety -four cents ($.94) to seventy -nine cents ($.79) for 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -99 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 REGULAR MEETING NOVEMBER 22, 1999 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 Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard indicated that the bill submitted is part of the approval of the 2000 Housing and Community Development Plan for the Community Development Block Grant funds. Ms. Leonard noted that the Plan was made available in October and is the same as it originally started out. 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 Varner inquired of Ms. Leonard if she ever totaled the dollar amounts of the requests received versus the dollars that are awarded. Ms. Leonard stated that she does not have those figures available but it is usually twice as much as can be awarded. She noted that these are all Community Development Block Grant Funds. Councilmember Uj dak inquired of Ms. Leonard the details of the Chapin Street Development award and wondered if it was for the clinic. Ms. Leonard informed the Council that it is for other development along the strip which is part of Jelly's Bar and includes acquisition and development for that site. She noted that this site is currently privately owned. Councilmember Varner made a motion 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, 97 -99 A BILL TRANSFERRING $592,063 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard informed the Council that this bill is a companion to the above referenced bill. This bill takes dollars from projects that did not use their money and allocates the funds to other entities. She noted that this is in compliance with the 2000 Housing and Community Development Plan that was presented in October. 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. Councilmember Varner seconded the motion which carried by a voice vote ofnine (9) ayes. 1 1 REGULAR MEETING NOVEMBER 22, 1999 BILL NO. 98 -99 A BILL APPROPRIATING $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised the Council that this bill appropriates funds for the Emergency Shelter Grant Program and again is part of the 2000 Housing and Community Development Plan that was approved. 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. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99 -99 A BILL APPROPRIATING $541,060 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard indicated that this bill appropriates the dollars that the Department expects to receive acting as staff throughout the year 2000. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 100 -99 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 Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING NOVEMBER 22, 1999 Ms. Leonard noted that this bill will approve funding from the State Economic Development Fund to defray expenses of the Division of Business Assistance within the Department of Community and Economic Development. This was also part of the funding for the budget that was approved in September and adds no additional dollars. 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, Council President Coleman made a motion 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. 101 -99 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. Councilmember Kelly reported that the Community & Economic Development Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Elizabeth Leonard, Director, Financial and Program Management, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard informed members of the Council that this bill is the last piece of the funding for the Department for the year 2000 and is still in line with the budget that was approved by the Council in September. 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. At this time Council President Coleman inquired of Ms. Leonard how long she has been making these presentations on behalf of the Department. Ms. Leonard indicated that it has been about fifteen (15) years. President Coleman commended Ms. Leonard for her excellent administrative work on behalf of the City. Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 102 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A SPECIAL GRANT FUND WITHIN THE CITY OF SOUTH BEND Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Ronald O'Connor, Director of City Finance, Department of Administration and Finance, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING NOVEMBER 22, 1999 Mr. O'Connor explained that the City receives several miscellaneous grants and special funds and to avoid commingling funds and to establish proper accounting for these various funds it is requested that a new Fund 250 be established. 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. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 103 -99 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 Councilmember Kelly made a motion that this bill be continued until the Special Meeting of the Council to be held on Friday, December 3, 1999 at 12:00 noon in the Council Informal Meeting Room. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Kelly made motion to rise and report to the full Council. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Loretta . Du a, ity C fir REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, Chairp s 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 of the County -City Building at 7:40 p.m. Council President Sean Coleman presided with nine (9) members present. REGULAR MEETING BILLS - THIRD READING NOVEMBER 22. 1999 ORDINANCE NO. 9054 -99 AN ORDINANCE 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 third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9055 -99 AN ORDINANCE 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 third reading. Councilmember Hosinski made a motion to consider the amended version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Hosinski made a motion to pass this bill as amended. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9056 -99 AN ORDINANCE 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 third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9057 -99 AN ORDINANCE 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 third reading. Councilmember Pfeifer 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. 1 REGULAR MEETING NOVEMBER 22, 1999 ORDINANCE NO. 9058 -99 AN ORDINANCE 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 third reading. Councilmember Aranowski made a motion to consider the amended version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Arranowski made a motion to pass this bill as amended. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9059 -99 AN ORDINANCE 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 third reading. Councilmember Pfeifer 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. 9060 -99 AN ORDINANCE 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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Sniadecki seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9061 -99 AN ORDINANCE TRANSFERRING $592,063 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9062 -99 AN ORDINANCE APPROPRIATING $127,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM REGULAR MEETING NOVEMBER 22, 1999 This bill had third reading. Councilmember Pfeifer 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. 9063 -99 AN ORDINANCE APPROPRIATING $541,060 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCENO. 9064 -99 AN ORDINANCE 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 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9065 -99 AN ORDINANCE 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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9066 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A SPECIAL GRANT FUND WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 99 -115 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4101 WILLIAM RICHARDSON DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR NEW CARBON COMPANY, INC. 1 n REGULAR MEETING NOVEMBER 22. 1999 Councilmember Kelly made a motion to consider the substitute version of this Resolution. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. It is noted that the title of this Resolution was incorrect and the substitute bill contains the new title indicating a five (5) year personal property tax abatement and not a residential tax abatement. As there was no one present from New Carbon Company, Inc., to address the Council concerning this Resolution, Councilmember Hosinski made a motion to continue this bill until the December 13, 1999 regular meeting of the Council. Councilmember Sniadecki seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 2813 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2313 WEST EWING AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JERRY ZOCK WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 2313 West Ewing Avenue, South Bend, Indiana, and which are more particularly described as follows: Lots 335, 336, 337 Highland Park 2nd Addition and which has tax Key Number 18- 8099 -3767, as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., 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 REGULAR MEETING NOVEMBER 22. 1999 ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (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 of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /John Hosinski Member of the Common Council Mr. Jerry Zock, 2311 Highland Avenue, South Bend, Indiana, Petitioner, made the presentation for this Resolution. REGULAR MEETING NOVEMBER 22, 1999 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 Aranowski 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. 2814 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 600 BLOCK OF PENNSYLVANIA AVENUE, 1200 BLOCK OF MARIETTA STREET, 600 BLOCK OF WENGER STREET AND 1200 BLOCK OF RUSH STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AND AMERICAN HOME DREAMS, INC. WHEREAS, the Common Council of the City of South Bend, adopted Resolution No. 2633 - 98 designating certain areas within the City as Residentially Distressed Areas for the purposes of a five (5) year real property tax abatement on June 22, 1998; and WHEREAS, the Common Council of the City of South Bend, adopted Resolution No. 2653- 98 confirming the adoption of the declaratory Resolution for these properties on July 27, 1998; and WHEREAS, due to a replat of the project area, the street addresses and legal descriptions have changed. The correct street addresses with the corresponding legal descriptions and key numbers are as follows: Street Address Lepal Description Key Number 1223 Marietta St. Lot 1 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0878 1215 Marietta St. Lot 2 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0879 1207 Marietta St. Lot 3 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0880 630 Wenger St. Lot 4 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0881 626 Wenger St. Lot 5 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0882 620 Wenger St. Lot 6 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0883 616 Wenger St. Lot 7 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0884 610 Wenger St. Lot 8 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0885 606 Wenger St. Lot 9 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0886 602 Wenger St. Lot 10 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0897 1208 Rush St. Lot 11 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0898 1214 Rush St. Lot 12 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0898 1222 Rush St. Lot 13 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0900 601 Pennsylvania Lot 14 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0901 605 Pennsylvania Lot 15 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0902 611 Pennsylvania Lot 16 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0903 617 Pennsylvania Lot 17 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0904 621 Pennsylvania Lot 18 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0905 625 Pennsylvania Lot 19 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0906 629 Pennsylvania Lot 20 Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7023 -0911 634 Pennsylvania Lot C Southeast Neighborhood Redev., Phase I, Sec. 1 18- 7015 -0581 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 REGULAR MEETING NOVEMBER 22, 1999 WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met regardless of the changes herein; and WHEREAS, it is the desire of the Common Council to correct the legal description. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 98. SECTION I. The Common Council hereby rescinds the Confirmatory Resolution No. 2653- SECTION II. The Common Council hereby reaffirms that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.2 et sea., for tax abatement. SECTION III. The Common Council hereby reaffirms that the areas meet 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 signif cant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION IV. The Common Council also hereby reaffirms 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 1 L REGULAR MEETING NOVEMBER 22, 1999 redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION VI. The Common Council hereby reaffirms that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further reaffirms that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. 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 /Sean Coleman Member of the Common Council Councilmember Kelly made a motion to hear the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Marco J. Mariani, Neighborhood Planner, Planning & Neighborhood Development, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, was present and made the presentation for this Resolution on behalf of the Petitioner. Mr. Marian informed the Council that this Resolution corrects a Resolution that was previously adopted by the Council for a four (4) acre parcel of property in the southeast neighborhood. After adoption of that Resolution this parcel was replatted and therefore the new Resolution contains new key numbers and lot numbers. 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 Varner made a motion to adopt this Resolution as substituted. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2815 -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 2001 WEST WASHINGTON STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR UNIROYAL TECHNOLOGY CORPORATION REGULAR MEETING NOVEMBER 22. 1999 WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 2001 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: PARCELI Lots Numbered 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 and 77 as shown on the recorded plat of Clement Studebaker's Oak Grove Subdivision in the City of South Bend, recorded in Plat Book 7, page 4 in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTION TO PARCEL I A part of Lots Numbered 67 and 68 as shown on the recorded plat of Clements Studebaker's Oak Grove Subdivision in the City of South Bend, which part is bounded by a line running as follows: beginning at a point 35 feet West of the Northeast corner of said Lot Numbered 67; thence running West 36 feet: thence South to the South line of said Lot Numbered 68, thence East on said South line 36 feet; thence North to the place of beginning. PARCEL II Lots Numbered 1, 2, 3, 4, and 5 as shown on he recorded plat of Hosinski's Subdivision of Lot Numbered 43 in College Grove Addition to the City of South Bend, recorded April 6, 1920 in plat book 10, page 103 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III Lots Numbered 28, 29, 30, 31, 32, 33, inclusive and Lots Numbered 44, 45, 46, 47 and 48 and Lots Lettered A as shown on the recorded plat of College Grove, an addition to the Town Now City of South Bend. PARCEL IV The vacated Grant, Johnson and Brookfield Streets tanning from the North line of Washington Avenue and the South line of Orange Street; also the vacated Colfax Avenue running from the West line of Jackson Street to the West line of Lot 48 in College Grove Addition extended North; also the vacated alley lying West and adjacent to Lots 1, 2, 3 and 5 Hosinski's Subdivision. PARCEL V An easement from ingress and egress in, upon and over the following described real estate: beginning at a point 4 %2 feet West of the Northeast corner of Lot 30 in College Grove Addition; thence North on a line parallel to the East line of Lot 30 a distance of 10.00 feet; thence East on a line parallel with the North lines of Lot 29 and 30 a distance of 105.00 feet; thence South on a line parallel to the West lot line of Lot 29 a distance of 10.00 feet to a point on the North line of Lot 29, said point being 37.00 feet East of the Northwest corner of Lot 29; thence West on and along the North line of Lot 29, extended across vacated Johnson Street, and the North line of Lot 30, a distance of 105.00 feet to the point of beginning. and which has Key Numbers 18 -2003 -0032, 18 -2020 -0590, 18- 2020 -0591, 18- 2020 -0592, 18- 2020 -0596, 18- 2020 -0599, 18- 2020 -0602, 18 -2020 -0605, 18- 2020 -0608, 18- 2020 -0611, 18- 2020 -0618, 18- 2020 -0619, 18- 2020 -0620, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. 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 1 1 REGULAR MEETING NOVEMBER 22. 1999 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING NOVEMBER 22. 1999 SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. William Faust, Engineering Manager, Uniroyal Technology Corporation, 2001 West Washington Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Faust informed the Council that Mr. Jim Elgin, General Manager, would be in attendance shortly. Mr. Faust utilized a photograph of the site to show members the area for the proposed extension of the facility. He noted it is south of Orange Street on the northeast corner of the facility in the unused area adjacent to the City's retention basin on the east side. Mr. Faust further noted that the extension will be approximately eighteen thousand (18,000) square feet and will be of masonry block construction. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council in favor of this Resolution. The following individuals spoke in opposition to this Resolution: Ms. Dorothy Wayne, 501 North Gernhart Street, Mishawaka, Indiana, informed the Council that she had said it before and will say it again, that Uniroyal may be gone from Mishawaka but they are not forgotten. She reminded the Council that in April of 1997 Uniroyal Plastics walked away from a mess in Mishawaka. She noted that in a recent South Bend Tribune article Council President Coleman suggested that the company currently located in South Bend is not the same as the one which left Mishawaka. Ms. Wayne noted that they have the same address for their corporate headquarters and this is just a name game. Ms. Wayne indicated that Uniroyal left Mishawaka with forty -three (43) acres to clean -up as well as two million dollars ($2,000,000.00) in unpaid property taxes. She further outlined the amount of waste that was left, the dollar amounts it is costing to clean -up as well as demolition estimates. In conclusion she stated that enough is enough and that it has cost taxpayers enough money. She asked the Council to please take these comments into consideration in granting this tax abatement. Mr. James Benjamin, 901 North Webster, Mishawaka, Indiana, informed the Council that Mr. Faust from Uniroyal would like to paint a picture of Uniroyal being a good place to work. He indicated that perhaps the Council should talk to the union members. Uniroyal failed their employees in the area of insurance and pension for retired workers. He said Uniroyal is not a good neighbor and they will move out of South Bend just like they did Mishawaka. In conclusion, Mr. Benjamin asked that the Council not get into the same situation as Mishawaka is in at this time. Mr. Faust indicated that the Uniroyal operation in Mishawaka has a long history first being the Mishawaka Woolen Manufacturing Company that made Civil War uniforms, then became Uniroyal, U.S. Rubber, Uniroyal, Inc. and Uniroyal Plastics. Uniroyal Technologies has no history going back that many years. He noted that he has been with them since 1982. He noted that the operation was run properly with all permits obtained and he has no knowledge of what was done as far back as the 1890's, 1900's and 1920's. Councilmember Hosinski informed the Council that in the legal descriptions for the parcels of property owned by Uniroyal it is noted that some of the parcels are located in Hosinski's Subdivision. Coutcilmember Hosinski noted that his great grandfather derived the benefits from that sale and he has no interest in the property and he will therefore not recuse himself from voting on this matter. Additionally, with respect to comments made by the residents of the City of Mishawaka, he stated that Councilmembers have to look at what affects their districts and have an REGULAR MEETING NOVEMBER 22, 1999 obligation to be primarily concerned about what is best for the City of South Bend. Councilmember Hosinski noted that he will be supporting this tax abatement and therefore made a motion to adopt this Resolution. Councilmember Kelly seconded the motion. Councilmember Varner indicated that South Bend and Mishawaka have somewhat identical problems in that South Bend has the Studebaker buildings. He noted that the City has to look at not having to get back or get even but to be concerned about what occurs in our corporate boundaries. Uniroyal has made investments in the building that is adjacent and they chose South Bend over other states and saved eighty (80) to one hundred (100) jobs. He noted that the City has to take their word. He further noted that they now deal with water based solvents. The Council must make their decision on the pretext that we need to make things better and not try to get even. In conclusion, he stated that he will support this tax abatement. Councilmember Kelly stated that he concurs with his fellow Councilmembers that they need to look at what is happening now. The granting of this tax abatement will provide to Uniroyal just under one hundred thousand dollars ($100,000.00) in savings but they will still be paying about one hundred thousand dollars ($100,000.00) and we should take them at their word and hope that a situation will not develop. It took one hundred thirty (130) years for the problem to develop in Mishawaka. He noted that the City has to look at what is happing now and move forward. In conclusion, Councilmember Kelly stated that he will be supporting this tax abatement. Council President Coleman addressed Ms. Wayne and Mr. Benjamin and advised that he respects their service to the City of Mishawaka and that the City of South Bend can identify with the pain of the loss of a major business. However, the Council must be concerned with what is happening in the corporate limits of the City of South Bend and he hopes that they understand the process by which the Council is considering this tax abatement. The motion for adoption of this Resolution which was made by Councilmember Hosinski and seconded by Councilmember Kelly carried by a roll call vote of eight (8) ayes and one (1) nay vote from Councilmember Sniadecki. RESOLUTION NO. 2816 -99 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA AUTHORIZING THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INDIANA, INC. TO SUBMIT AN APPLICATION FOR AN ENTERPRISE ZONE BOUNDARY MODIFICATION TO THE INDIANA URBAN ENTERPRISE ZONE BOARD WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas within Indiana to be designated as "Enterprise Zone" areas and entitling property owners therein to certain benefits (as provided by law), from time to time; and WHEREAS, a certain area within the City of South Bend, Indiana, has been so designated as an Enterprise Zone effective as of January, 1984, said area modified effective as July, 1987, May, 1989, October, 1993, and July, 1998; the boundaries of which are those identified at Exhibit "A ", hereto; and WHEREAS, the Indiana Enterprise Zone Board has adopted a policy dated October 14,1986, revised as of July, 1993 and March, 1998, stating, in part, that modification of an Enterprise zone will not be considered without approval of such request by the Urban Enterprise Association, Mayor and City Council of the City within whose borders the Enterprise Zone is located; and WHEREAS, application has been made to modify the Enterprise Zone located within the City of South Bend, Indiana (hereinafter, the "ZONE "), to include within the ZONE certain parcels of real estate all as described at Exhibit `B ", attached hereto and incorporated herein; and REGULAR MEETING NOVEMBER 22, 1999 WHEREAS, the parcels of real estate described at Exhibit `B" comprise property that is suitable for the redevelopment of commercial, industrial and residential activities and that is compatible with the goals and objectives of the five -year strategic plan of the Urban Enterprise Association of South Bend, Indiana, Inc., and that the inclusion of said properties is an appropriate modification of the boundary of the Enterprise Zone located within the City of South Bend, Indiana; and WHEREAS, the proposed boundary modification will impact the ZONE demographically and economically, as set forth in the boundary modification application attached hereto as Exhibit "D "• and WHEREAS, the Urban Enterprise Association of South Bend, Indiana, Inc., has approved the request for this boundary modification at a public meeting held on November 10, 1999, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the request for modification of the Enterprise Zone located within the City of South Bend, Indiana, which modification would modify the existing Enterprise Zone to include certain parcels of real property as described at Exhibit "D" hereto, thereby modifying the boundaries of the Enterprise Zone located within South Bend, Indiana, to those defined at Exhibit "C ", shall be and hereby is approved. SECTION II. That the demographic and economic impacts of the proposed boundary modification, as detailed in the boundary modification application, attached hereto as Exhibit `B" shall be and hereby are accepted. SECTION III. That the boundary modification application, attached hereto as Exhibit "D ", shall be and hereby is approved and accepted. SECTION IV. That this Resolution constitutes the approval of the request for modification of the Urban Enterprise Zone by the Council and Mayor of the City within which the zone in question is located, as required by the policy guidelines established by the Indiana Enterprise Zone Board, and hereby authorizes the Urban Enterprise Association of South Bend, Indiana, Inc., to submit an application to recommend an enterprise zone boundary modification to the Indiana Enterprise Zone Board. SECTION V. 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 /Sean Coleman Member of the Common Council Ms. Pamela C. Meyer, Director, Planning & Neighborhood Development, Community & Economic Development, 4th floor First Bank Building, South Bend, Indiana, made the presentation for this bill. Ms. Meyer asked for the Council's favorable consideration of the expansion of the enterprise zone from three (3) square miles to four (4) square miles. This was allowed because of new state legislation that was adopted. It allows the City to add an area that is a mixture of residential, industrial and commercial uses and one that works with the strategic plan that the City has submitted to the State for the balance of the designation which will be through 2003. Ms. Meyers utilized and distributed a map which indicates that the boundaries are the railroad to Ardmore Trail, south on Goodland, East on Bertrand, north on Meade, East on Roger, north on Olive, East on Lincolnway West to Walnut and south on Walnut to the existing zone at Liston. Upon the Council's favorable consideration of this Resolution a proposal will be sent to the State Board and a hearing with the State Enterprise Zone Board would be conducted sometime between January and April of 2000. 1 1 REGULAR MEETING NOVEMBER 22, 1999 A Public Hearing was held on the Resolution at this time. Mr. John Humphrey, Director of Finance, Aircraft Landing Systems, no address given, informed the Council that his company is one that would be included in this expansion and as Allied continues their efforts to improve their competitiveness he would urge the Council to adopt this Resolution. There was no one present wishing to speak to the Council in opposition to this Resolution, As a point of clarification, Councilmember Hosinski indicated that anyone located within the zone who wishes to receive the benefits of this designation may do so on a voluntary basis. This designation does not apply to all within the zone who wish not to benefit nor does the zoning of the zone change because of this designation. Therefore, Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Varner seconded the motion. Councilmember Uj dak noted that he is the Council representative on the Urban Enterprise Board and stated that this is an important extension of the zone. The areas that will be included will be the LaSalle Square Shopping Center and he therefore supports the expansion. The motion carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 99 -120 A RESOLUTION AUTHORIZING THE TEMPORARY TRANSFER OF IDLE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FROM VARIOUS FUNDS TO THE VARIOUS FUNDS WITHIN THE CIVIL CITY OF SOUTH BEND, INDIANA Because no one was in attendance to present this Resolution to the Council, Councilmember Hosinski made a motion to continue this bill until the special meeting of the Council to be held on Friday, December 3, 1999. BILLS - FIRST READING BILL NO. 104 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED BETWEEN LINDEN AVENUE ON THE SOUTH, JOHNSON STREET ON THE EAST, WERWINSKI STREET AND LONGLEY AVENUE ON THE NORTH, AND OLIVE STREET ON THE WEST This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 105 -99 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 1999 This bill had first reading. Councilmember Varner 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 nine (9) ayes. REGULAR MEETING NOVEMBER 22, 1999 BILL NO. 106 -99 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 1999 This bill had first reading. Councilmember King 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 Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 82 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA 2. BILL NO. 83 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407 -409 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA 3. BILL NO. 84 -99 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 6188 PARKLAND DRIVE, SOUTH BEND, INDIANA, LOCATED AT THE SOUTHEAST CORNER OF AMERITECH DRIVE AND PARKLAND DRIVE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on December 13, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council on any matter not previously discussed on the agenda. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:30 p.m. ATTEST: t o Dud , ity Cl rk ATTEST: Sean Coleman, President