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HomeMy WebLinkAbout08-24-98 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Bend met in the Council Chambers Monday, August 24, 1998, at 7:00 order and the Pledge to the Flag ROLL CALL Present: Absent: AUGUST 24, 1998 Council of the City of South of the County -City Building on p.m. The meeting was called to was given. Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 10, meeting of the Council and found them correct. Therefore, we recommend the same be approved. 1s/ Sean Coleman /s/ David Varner Council Member Broden made a motion that the minutes of the August 10, 1998, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS Council President Coleman announced the reappointment of Jeanette Moeller to the South Bend Public Transportation Board. RESOLUTION NO. 2665 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (MATTED ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A ", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners of such land, consists of approximately 4.8 acres of unimproved, undeveloped wooded land located approximately 500 feet south of the west side of Portage road in German Township, St. Joseph County, Indiana; with approximately 24% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. This annexation area is proposed for residential development, and will require a basic level of municipal public services, including services of a non - capital nature such as fire and police protection, street and road maintenance, and services of a capital improvement nature, including street lighting, roads, curbs, sidewalks, sewer facilities and water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, and sewer facilities; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the REGULAR MEETING AUGUST 24, 1998 annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density 5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use or population density, and in a manner consistent with federal, state and local laws, and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within four (4) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, described in Exhibit "B" attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member, Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He advised this was a voluntary annexation of five acres on the west side of Portage. He informed the Council that the petitioners want to develop a single family subdivision at that location. He reported that police and fire departments have the ability to provide services at no additional REGULAR MEETING AUGUST 24. 1998 cost. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:10 p.m. with nine members present. Chairman Broden presiding. BILL NO. 57 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MATTEO ANNEXATION This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Mike Danch, from Pierce and Associates, indicated he was representing the owners of the property. He advised they were asking for this annexation on the west side of Portage south of Brick, in order to develop a subdivision of single family homes. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 61 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH /SOUTH ALLEY EAST OF GLEN STREET FROM THE NORTH RIGHT -OF -WAY OF WEST EWING AVENUE TO THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY NORTH OF WEST EWING AVENUE FOR A DISTANCE OF APPROXIMATELY 110 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN PRAIRIE AVENUE HEIGHTS ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Coleman made a motion to strike this bill, at the request of the petitioner, seconded by Council Member Varner. The motion carried. BILL NO.--59-98 A BILL AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) OF CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1998 (SGW REALTY LLC PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Kenneth Fedder, attorney for the Economic Development Commission, made the presentation for the bill. He advised that the Commission had passed its resolution authorizing the project to proceed. He informed the Council that these are bonds for Schafer Gear to 1-- REGULAR MEETING AUGUST 24, 1998 help finance a 4.3 million dollar project, of which 1.5 million will be funded by South Bend revenue bonds. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 46 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF ZONING REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk's office, seconded by Council Member Hosinski. The motion carried. John Byorni, assistant director of Area Plan, reported that this is a Council initated petition to amend the zoning ordinance. He indicated that this proposed ordinance is a defense against against these establishments. He advised the Council that this the Area Plan Commission sends this petition with a favorable recommendation. Council Member Varner made the presentation for the bill. He indicate this was one of two bills that needed to be passed to regulate these establishments. He advised this was the zoning bill which adds these establishments to the adult type of business. He indicated that as a controlled use one of the stipulations would be that they would be prohibited for locating within 500 feet of a school, church or synagogue. Kathy Cekanski- Farrand, Council attorney, indicated there were three items not addressed in the committee meeting: a business would not be able to get a variance to the reduce the 500' limit; the penalty for a violation is $2,500 and each subsequent day is a separate offense; Chapter 13 has been referenced in this bill and if the Council would elect not to go forward with passage of the second resolution it would undermine this bill. Council Member Varner made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. BILL NO. 58 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS AND PERSONNEL Council Member Varner made a motion to continue this bill until September 28, and refer it back to the Health and Public Safety and Personnel and Finance committee, seconded by Council Member Hosinski. The motion carried. BILL NO. 63 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN SECTIONS OF CHAPTER 6, BUILDING This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Aranowski. The motion carried. Don Fozo, Building Superintendent, made the presentation for the bill. He advised this bill would make a few changes in our fees, as well as establish a registration fee of $25 for demolition work. Council Member Aranowski made a motion to recommend this bill to REGULAR MEETING AUGUST 24, 1998 the Council favorable, seconded by Council Member Pfeifer. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. 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 7:37 p.m. Council President Coleman presiding, and nine members present. BILLS THIRD READING ORDINANCE NO. 8928 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MATTEO ANNEXATION This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8929 -98 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) OF CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1998 (SGW REALTY LLC PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8930 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND BY THE INCLUSION OF ZONING REGULATIONS ADDRESSING TATTOO, BODY PIERCING, SCARIFYING AND BRANDING ESTABLISHMENTS This bill had third reading. motion to amend this bill, as Whole, seconded by Council Mei Council Member Pfeifer made a by Council Member Aranowski. of nine ayes. Council Member amended in the tuber Aranowski. motion to pass The bill passe( Pfeifer made a Committee of the The motion carried. .this bill, seconded i by a roll call vote REGULAR MEETING AUGUST 24, 1998 ORDINANCE NO. 8931 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CERTAIN SECTIONS OF CHAPTER 6, BUILDING This bill had third reading. Council Member Kelly made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. Council Member Varner made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2666 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 2214 MISHAWAKA AVENUE, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend Indiana (Board), on July 22, 1998, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with REBS, Inc., for a term of three years, with a monthly rental of Five Hundred Dollars ($500.00) payable on the third of each month, fore a total rent for the thirty -six (36) month period not to exceed Six Thousand Dollars ($6,000.00) per year; and WHEREAS, the Board received on July 21, 1998, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1 -10 -7 (2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. That the Common Council is desirous of establishing a neighborhood center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3. That the property at 2202 West Huron, South Bend, Indiana, contains approximately 2,000 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4. That on June 22, 1998, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with REBS, Inc., for a term of three years, with a monthly rental of Five Hundred Dollars ($500.00) payable on the third of each month, for a total rent for the thirty -six (36) month period not to exceed Six Thousand REGULAR MEETING Dollars ($6,000.00) per year. AUGUST 24, 1998 5. That on June 22, 1998, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6. That on June 22, 1998, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated. 7. That having heard all speakers at the presentation and hearing on this Resolution on June 22, 1998, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussion, and considerations by individual Council members, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 2202 West Huron as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1s/ John Hosinski Member, South Bend Common Council A public hearing was held on the resolution at this time. Ann Carol -Nash, assistant City attorney, made the presentation for the resolution. She reported that this partnership center is serving the community very well. She advised that the neighborhood association moved in two years ago and they want to remain for another year or more. Harold Ditsch, 1022 S. 28th, a member of the River Park Association Board, encouraged the Council to renew the lease. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2667 -98 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 4070 MEGAN BEELER DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR K & L LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4070 Megan Beeler Dr., South Bend, Indiana, and which is more particularly described as follows: 42.41 AC MID PT NEW SEC 21 -38 -2E and which has Key Number 25 1013 020702 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of 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 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in 1 1 REGULAR MEETING AUGUST 24, 1998 question as required by law; and Whereas, the Human Resources 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 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 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 or 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 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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. REGULAR MEETING AUGUST 24, 1998 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Hosinski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Michael Wojtysiak, of Lawton Kruggel & Co, made the presentation for the resolution. He informed the Council that the petitioners, Advanced Image Solutions, (formerly A.B. Dick) has been in the community for over a 100 years. He indicated the company planned to expand into a modern facility in the West Cleveland Road Industrial Park. He advised that this new development will create at least 10 new positions. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2668 -98 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 1902 S. MAIN ST., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AXELBERG & AXELBERG LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1902 S. Main, South Bend, Indiana, and which is more particularly described as follows: PAR OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST. & BEING PT OF W SW 1/4 SEC 13 -37 CONT 1.94 AC + - and which has Key Number 18 8012 056701 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of 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 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and Whereas, the Human Resources 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 REGULAR MEETING AUGUST 24, 1998 Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 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 or 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 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Hosinski REGULAR MEETING AUGUST 24, 1998 Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Michael Wojtysiak, of Lawton Kruggel & Co, made the presentation for the resolution. He informed the Council that the petitioners, Axelberg & Axelberg (General Sheet Metal), has been in the community since 1922, providing metal fabricated products to lawn, garden and towing equipment industries. He reported they planned to construct an addition to their factory, allowing them to achieve future growth and maintain existing quality. He indicated that ten new jobs will be created. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. Council Member Kelly made a motion to combine public hearing on the next two resolutions, seconded by Council Member Broden. The motion carried. RESOLUTION NO. 2669 -98 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 337 N. NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND BREWERY WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 337 N. Niles, South Bend, Indiana, and which is more particularly described as follows: Tract of land beginning 132.91' W of NW corner of Madison and Niles and being part of lots 13,15,116, and part of NIS vac alley Cottrells 2nd to Lowell cont. 145ac +- and this property has Key Numbers 18 5022 076306, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et secr., and South Bend Municipal Code Section 2 -76 et seq.;- and WHEREAS, the Department of 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 -1, et-se-q-, 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 Human Resources 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, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the I REGULAR MEETING AUGUST 24, 1998 Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of 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 State 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 Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. 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 to be published.pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on 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 RESOLUTION NO. 2670 -98 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 337 N. NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND BREWERY 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 337 N. Niles, South Bend, Indiana, and which is more narticularly described as follows: REGULAR MEETING AUGUST 24, 1998 Tract of land beginning 132.91' W of NW corner of Madison and Niles and being part of lots 13,15,116, and part of NIS vac alley Cottrells 2nd to Lowell cont. 145ac +- and which has Key Number 18 5022 076306 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6- 1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of 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 -1, et seq., and South Bend Municipal Code Sections 2- 76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by.law; and Whereas, the Human Resources 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 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 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 or 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 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 I_,- REGULAR MEETING AUGUST 24, 1998 Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ John Hosinski Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on these bills and recommend them to the Council favorable. Council Member Hosinski reclused himself from voting on these bills since he is the president and major stock holder of the HLB Development Corp. Shawn Sullivan, 307 E. LaSalle, made the presentation for the resolution. He informed the Council that they propose to renovate a vacant warehouse, and develop it into a brewery and restaurant. He reported that they will hire approximately fifty employees. Council Member Aranowski made a motion to Amend these bills correcting the address from 336 to 337 N. Niles Ave., wherever it appears in the resolutions, seconded by Council Member Sniadecki. The motion carried. Council Member Broden made a motion to adopt Resolution No. 134 -98, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of eight ayes. Council Member Kelly made a motion to adopt Resolution No. 135- 98, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 64 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (US 31 SOUTH ANNEXATION) This bill had first reading. Council Member Pfeifer made a motion to set this bill for public hearing and third reading on September 28, and refer it to the Zoning and Annexation Committee, seconded by Council Member Varner. The motion carried. BILL NO. 65 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (KIDDER II ANNEXATION) REGULAR MEETING AUGUST:24, 1998 This bill had first reading. Council Member Pfeifer made a motion to set this bill for public hearing and third reading on September 28, and refer it to the Zoning and Annexation Committee, seconded by Council Member Broden. The motion carried. BILL NO. 66 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN NON - CONTIGUOUS TERRITORY LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (HERMAN AND GOETZ ANNEXATION) This bill had first reading. Council Member Broden made a motion to set this bill for public hearing and third reading on September 28, and refer it to the Zoning and Annexation Committee, seconded by Council Member Varner. The motion carried. BILL NO. 67 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN NON- CONTIGUOUS TERRITORY LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (CORNERSTONE L.P. ANNEXATION) This bill had first reading. Council Member Kelly made a motion to set this bill for public hearing and third reading on September 28, and refer it to the Zoning and Annexation Committee, seconded by Council Member Pfeifer. The motion carried. BILL NO. 66 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 1999 This bill had first reading. Council Member Pfeifer made a motion to set this bill for public hearing and third reading on September 28, and refer it to the Personnel and Finance Committee, seconded by Council Member Kelly. The motion carried. BILL NO. 69 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF WEST SAMPLE STREET FROM THE EAST RIGHT -OF -WAY OF WEBSTER STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH /SOUTH ALLEY EAST OF WEBSTER STREET FOR A DISTANCE OF APPROXIMATELY 144 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN ARNOLD & WEBSTER'S SUB. OF BANK OUTLOT 103, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to set this bill for public hearing and third reading on September 14, and refer it to the Public Works and Property Vacation Committee, seconded by Council Member Kelly. The motion carried. BILL NO. 70 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 4600 AND 4700 BLOCK OF NEW CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. motion to refer this bill to that fee payment will be made, a final site plan, seconded by Broden. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a Area Plan, and amend it by adding and the zoning will be subject to Council Member Council Member Council Member Ujdak made a motion to set Bill No. 36 -98 for 1 REGULAR MEETING AUGUST 24, 1998 public hearing and third reading on September 14, seconded by Council Member Varner. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 8:08 p.m. ATTE T: ATTEST: it C1 President SPECIAL MEETING AUGUST 31, 1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 31, 1998, at 5:15 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Absent: Council Members Coleman, Hosinski, and Sniadecki BILL NO. 71 -98 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 1999 This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 14, and third reading on September 28, seconded by Council Member Aranowski. The motion carried. BILL NO. 72 -98 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31, 1999, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 14, and third reading on September 28, seconded by Council Member Varner. The motion carried. BILL NO. T3-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH This bill had first reading. Council Member Aranowski made a motion refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on September 14, seconded by Council Member Broden. The motion carried. BILL NO. 75 -98 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1999, 2000, 2001, AND 2002 This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee and set BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31, 1999, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member Kelly made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing on September 14, and third reading on September 28, seconded by Council Member Aranowski. The motion carried. BILL NO. 74 -98 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 1999 This bill had first reading. Council Member Aranowski made a motion refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on September 14, seconded by Council Member Broden. The motion carried. BILL NO. 75 -98 A BILL FIXING THE MAXIMUM SALARIES AND WAGES OF TEAMSTER EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEARS 1999, 2000, 2001, AND 2002 This bill had first reading. Council Member Broden made a motion to refer this bill to the Personnel and Finance Committee and set