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HomeMy WebLinkAbout09-28-98 Council Meeting MinutesREGULAR MEETING SEPTEMBER 28, -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, September 28, 1998, at 7:00 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, Coleman, Hosinski and Sniadecki Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the September 14, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Kelly made a motion that the minutes of the September 14, meeting be accepted and placed on file, seconded by Council Member Varner. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2674 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING RICHARD A. NUSSBAUM, II FOR THIS TEN (10) YEARS OF DEDICATED SERVICE AS THE SOUTH BEND CITY ATTORNEY WHEREAS, the South Bend Common Council proudly acknowledges the Indiana Lieutenant Governor Joseph E. Kernan has selected Richard A. Nussbaum, II, as he General Counsel effective October 5, 1998; and WHEREAS, the Council recognizes that Richard A. Nussbaum, II, was appointed City Attorney over ten years ago, joining City government with the "Class of 188 "; and WHEREAS, Dick was instrumental in the refinancing of the lease rental revenue bonds for Coveleski Stadium, resulting in a significant savings to City taxpayers; and WHEREAS, Dick has been responsible for the oversight of contractual relationships with the South Bend Silver Hawks and the predecessor team South Bend White Sox; and WHEREAS, Dick forged legal agreements with the National Football Foundation and Host Communications regarding the College Football Hall of Fame; and WHEREAS, Richard A. Nussbaum, II, will long be remembered for the loyal and distinguished service to two mayors for what is thought to be the longest tenure for a City Attorney in the history of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commends Richard A. Nussbaum, II for his ten (10) plus years of dedicated service to all of the citizens of South Bend, Indiana. REGULAR MEETING SEPTEMBER 28, 1998 Section II. The Common Council notes that Dick has been instrumental in a myriad of issues and projects which have been of great importance to the City, but does sympathize with him in never having made it to the Big Leagues." Section III. The Common Council recognizes that Dick will be sorely missed at Legal Department Staff meetings. Section IV. The South Bend Common Council wishes Dick and his wife Mary Pat, and their children Matt, Danny, and Kathryn, whom we have watched grow up, continued success and happiness as he accepts new challenges. Section V. This resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. James Aranowski, Member David Varner, Member Charlotte Pfeifer, Member Andrew Ujdak, Member Roland Kelly, Member Sean Coleman, Member John Broden, Member John Hosinski, Member ATTEST: Rod Sniadecki, Member Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Coleman read the resolution and presented it to Mr. Nussbaum. Mayor Luecke thanked the Council for recognizing the work Dick has done for the City. Anne Bruneel, chief assistant city attorney, spoke in support of this resolution. Council Member Kelly made a motion to adopt the resolution by acclamation, seconded by Council Member Aranowski. The motion carried. Richard Nussbaum, city attorney, thanked the Council for this resolution. Council Member Kelly made a motion to adopt this resolution, by acclamation, seconded by Council Member Aranowski. The motion carried. RESOLUTION NO. 2675 -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 CENTRE TOWNSHIP (US 31 SOUTH 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 Centre Township, St. Joseph County, Indiana, and which proposes a reclassification of the zoning to a combination Of "C" Commercial, "A" Height & Area; "C" Commercial, "C" Height & Area; "D" Light Industrial, "A" Height & Area; and "Residential, "A" Height & Area; and WHEREAS, the territory proposed to be annexed encompasses approximately 196.29 acres of varied use land, including residential, commercial, and industrial, among others, located south of the ST. Joseph Valley Parkway, between U.S. 31 and Main Street, in Centre Township, St. Joseph County, Indiana, with approximately 15.1% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend, and which property is needed and can be used by the City of South Bend for commercial and residential development. Such REGULAR MEETING SEPTEMBER 28, 1998 development of the territory proposed to be annexed will require a basic level of municipal public services, including services of a non - capital nature such as fire and police protection, and street and road maintenance, and services of a capital improvement nature, including street lighting, roads, curbs, sidewalks, sanitary sewer and storm 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, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (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 those 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 Centre Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend, and that it be zoned upon annexation in the manner provided within the ordinance submitted to the Common Council for annexation of the proposed U.S. 31 South area. 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 REGULAR MEETING SEPTEMBER 28, 1998 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 "A" 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. lsl Sean Coleman Member, Common Council A public hearing was held on the resolution at this time. Council Member Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Larry Magliozzi, assistant director of neighborhood development, made the presentation for the resolution. He reported that this fiscal plan represented the City's ability to provide services to the newly annexed area. He advised that this area has various and zoning classifications, and these classifications will remain approximately the same. He informed the Council that all City departments can service this area. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO 2676 -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 (KIDDER II 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 annexed encompasses approximately 43.56 acres of unimproved, underdeveloped land located directly west of Olive Road and directly south of the Indiana Toll Road, in German Township, St. Joseph County, Indiana, with 40.3% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend, and which property is needed and can be used by the City of South Bend for industrial development. Such development of the territory proposed to be annexed will require a basic level of municipal public services, including services of a non - capital nature such as fire and Police protection, and 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, facilities, and storm wter rainage facilities �toeberfurnished to the territory to be annexed; (2) the method(s) of financing 1 1 REGULAR MEETING SEPTEMBER 28, 1998 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 annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (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 those 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 services to said territory 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 neighborhood planning, made the presentation for the resolution. He reported that the owner of REGULAR MEETING SEPTEMBER 28 1998 the property has agreed to the annexation. He advised that all City agencies recommended approval of this annexation. Council Member Hosinski made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2677 -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 (HERRMAN AND GOETZ 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 annexed encompasses approximately 62.33 acres of unimproved, undeveloped field land, located on the west side of Oak Road, approximately 650° south of Lincoln Way West, in German Township, St. Joseph County, Indiana, which is not contiguous to the external boundaries of the City of South bend, but which is entirely within two miles of the South Bend city limits;'is zone in St. Joseph County for industrial purposes, specifically "M" Manufacturing; is to be used for one or more businesses within an industrial park setting; and the owner of the territory has consented to annexation. The development of the territory proposed to be annexed will require a basic level of municipal public services, including services of a non - capital nature such as fire and police protection, and street and road maintenance, and services of a capital improvement nature, including street lighting, road, curbs, sidewalks, sanitary 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, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (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 those 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, REGULAR MEETING SEPTEMBER 28, 1998 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 neighborhood planning, He advised that the owner of the property has agreed to the annexation. He informed the Council that this property also is non- contiguous to the City, however, it meets all the requirements for non - contiguous annexation. He reported that sewer and water will be run to the site. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. Council Member Aranowski made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. 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 7:50 p.m. with nine members present. Chairman Broden presiding. 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 was continued from September 14, in the Council portion of the hearing. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. 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 was continued from September 14, in the Council portion of the hearing. Council Member Coleman announced that all REGULAR MEETING SEPTEMBER 28 1998 Industrial, "A" Height & Area; and WHEREAS, the territory proposed to be annexed encompasses approximately 52.3 acres of unimproved, undeveloped field located directly on the north side of Edison Road, approximate 1,400' west of Oak Road, in German Township, St. Joseph County, Indiana, which is not contiguous to the boundaries of the City of South Bend, but which is entirely within two miles of the South Bend City limits; land, presently used primarily for residential purposes, but contemplated for commercial development and located on the west side of Portage Avenue, approximately 2,500' north of Cleveland Road, in German Township, St. Joseph County, Indiana; And this territory is needed and can be used by the City of South Bend for its development in the reasonably near future. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and Police protection, street and road maintenance, water and sewer service, and services of a capital improvement nature, including street lighting; potential street widening and traffic light installation; 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, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (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 annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (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 those 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 REGULAR MEETING SEPTEMBER 28, 1998 attorney representing Herrman and Goetz, made the presentation for the bill. He reported they plan to establish an industrial park with Cornerstone. He informed the Council that it was unrealistic that this property would ever be used as residential. He also informed the Council that they have agreed to limit the mining to 36 acres over the next few years. He advised they intend to use the gravel on this site for there own business, and they frequently have excess dirt from construction and they will bring it back to the area as fill. He further advised that they are submitting a commitment that would further govern the use of this land, however, to remove the gravel and sand it is necessary to have "E" zoning. He informed the Council that they are dedicating the north twenty acres for "D" light industrial, and they would never mine that acreage. He indicated they have agreed to give an annual list of the tonnage removed from the property. Jack Young, Stone Real Estate Group, spoke in favor of this rezoning and annexation. He informed the Council that ultimately this will be a 105 acre industrial park. Brenda Finnegan, 54485 Oak Park, spoke against this mining operation. She indicated Mr. Herrman had told them how beautiful this operation will be, however, all along her property lines the trees are broken, so they are already destroying the area. Terry Courtier, 54840 Ellsworth, spoke against this mining operation. He indicated they make all kinds of promises but do not keep them. Warren Cornell, 54614 Oak Rd., spoke against the mining operation. Mike Eby, 19956 Adams Road., spoke against this annexation. He said this was a nice quiet country neighborhood. Sandra Elkins, 54478 Oak, indicated that Mr. Goetz's vehicles are causing traffic problems. Clarence White, 54841 Ellsworth Road,, spoke against this proposed mining operation. Ray Halliger, 24145 W. Edison, spoke against the mining operation. Terry Finnegan, 54484 Oak Road, indicated if this was approved there should be a bond placed on it so it can be restored to its original state. Council Member Coleman made a motion to amend this bill add a new Section VI, "that said rezoning shall be subject to a final site plan ", made present Section VI, Section VII, seconded by Council Member Hosinski. The motion carried. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. 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) The 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 Pfeifer made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. John Byorni, assistant director of Area Plan, reported the the petitions are requesting a zone change to "D" light industrial. Council Member Hosinski made a motion to add a new Section VI to read "That said rezoning shall be subject to a final site plan. ", change presented Section VI to Section VII, seconded by Council Member Sniadecki. The motion carried. Larry Magliozzi, assistant director of neighborhood planning, made the presentation for the bill. He reported that this a non - contiguous annexation that meets requirements to be annexed into the City. He advised the property would be used as a industrial park. Jack Young, indicated he was representing his wife who was the owner of this land. He indicated there would be no change in classification with the annexation, as the classification is the same in the County. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. REGULAR MEETING SEPTEMBER 28, 1998 BILL NO. 35 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A TAYLOR'S FIELD HISTORIC PRESERVATION DISTRICT Council Member Coleman made a motion to continue public hearing on this bill until November Th, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 60 -98 A BILL AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, AS AMENDED OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA, FOR 712 NORTH NILES AVENUE, SOUTH BEND, INDIANA FOR MADISON CENTER, INC. Council Member Coleman made a motion to continue public hearing on the bill until October 26, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. BILL NO. 62 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 216 35TH STREET, IN THE CITY OF SOUTH BEND, INDIANA Council Member Coleman made a motion to strike this bill from the agenda, at the request of the petitioner, seconded by Council Member Varner. 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 The 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 no action was taken on this matter. John Byorni, assistant director of Area Plan, reported that this was a Council initiated zoning to allow for light industrial uses. He described the surrounding area. He advised that the Area Plan Commission sends this petition with an unfavorable recommendation. Kathleen Cekanski - Farrand, read the following proposed amendment to this bill "Section I, last line - change the colon to a semicolon, and add 'subject to the terms and conditions acceptable to the City of South Bend of a commitment regarding use and development of real estate which will be marked exhibit 1 and will be incorporated herein addressing required buffers, berming, landscaping, and lighting; as well as the deletion of truck terminals as acceptable uses on said property. Said commitment shall be recorded as required by applicable State law at a cost to the petitioner. Section II. This rezoning shall be subject to a final site plan., and renumber current Section II to Section III. Council Member Coleman made a motion to accept this amendment, seconded by Council Member Aranowski. The motion carried. Ken Fedder, attorney, made the presentation for the bill. He informed the Council that this property was recently purchased from the former owner who was not interested in rezoning the property. He reported that the greatest market value for this property is light industrial. He advised that when this property was zoned BP they planned to have eighteen sites, and we are requesting only eleven possible sites. He indicated there would be no direct access through the subdivision. After discussion he told the Council that they would consider a ten foot grassy berm. The Council requested a twenty five foot set back before the berm of eight to ten feet. John Byorni, Area Plan, indicated a sent back of twenty five feet would require a variance. A resident of 23040 Acacia, spoke against this zoning. She indicated that in 1994 Area Plan and the Common Council assured us there would be a lot of requirements. She advised they still want this buffer zone, and "D" zoning allows undesirable industry. She indicated the "BP" zoning was designed for property near a residential area. Sharon Meyers 52062 Patricia Lane, presented a petition I_- REGULAR MEETING SEPTEMBER 28, 1998 with 134 signatures against this zoning. She indicated a fence is not the answer, it is the amount of footage from the property line. James Reinebold, 19076 State Line Road, indicated he was the County Council Member for this area and he supported the residents in High Meadow Estates. He advised they did not have a problem with "BP" zoning but they do with "D" light industrial. Rich Coddens, 23136 Acacia, spoke against this zoning citing the drainage problems, and indicating they needed a 100' buffer. Lois Hurtle, 52065 Justine, indicated there is a drainage problem and they have culverts that backup. Mrs. Katlun, 23156 Acacia, spoke against zoning. She asked for a 100 foot buffer. Bernard Bower, 23019 Acacia, spoke against this rezoning because of the water table. Council Member Kelly made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Varner. The motion failed on a roll call vote of four ayes and five nays (Council Members Aranowski, Broden, Ujdak, Hosinski, and Sniadecki). Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried on a roll call vote of five ayes and four nays (Council Members Pfeifer, Kelly, Varner, and Coleman). Council Member Kelly made a motion to recess for five minutes, seconded by Council Member Coleman. The motion carried and the meeting was recessed at 11:45 p.m., and reconvened at 11:50 p.m. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Kelly. The motion carried. ATTEST: ity C e REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 11:51 p.m. Council President Coleman presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8934 -98 AN ORDINANCE 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 third reading. to pass this bill, seconded by carried on a roll call vote of Council Member Kelly made a motion Council Member Broden. The motion nine ayes. ORDINANCE NO. 8935 -98 AN ORDINANCE 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 third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Hosinski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8936 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING REGULAR MEETING SEPTEMBER 28, 1998 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 third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Sniadecki. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8937 -98 AN ORDINANCE 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 third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The motion carried on a roll call vote of nine ayes. ORDINANCE NO. 8938 -98 AN ORDINANCE 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 third reading. Council Member Pfeifer made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Broden. The motion carried. Council Member Hosinski made a motion to pass the bill, as amended, seconded by Council Member Sniadecki. The bill passed by a roll call vote of eight ayes and one nay (Council Member Varner). ORDINANCE NO. 8939 -98 AN ORDINANCE 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) This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Sniadecki. Council Member Pfeifer made a motion to pass amended, seconded by Council Member Broden. roll call vote of nine ayes. Hosinski made a Committee of the The motion carried. the bill, as The bill passed by a ORDINANCE NO. 8940 -98 AN ORDINANCE 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 third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Broden. T] Council Member Pfeifer made a motion to pass amended, seconded by Council Member Varner. roll call vote of nine ayes. Pfeifer made a Committee of the ae motion carried. the bill, as The bill passed by a ORDINANCE NO. 8941 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BE14D CERTAIN NON - CONTIGUOUS TERRITORY LOCATED 1 REGULAR MEETING SEPTEMBER 28, 1998 IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (CORNERSTONE L.P. ANNEXATION) This bill had third readin motion to amend this bill, Whole, seconded by Council Council Member Broden made seconded by Council Member call vote of nine ayes. g. Council Member Pfeifer made a as amended in the Committee of the Member Sniadecki. The motion carried. a motion to pass the bill, as amended, Aranowski. The bill passed by a roll ORDINANCE NO. 8942 -98 AN ORDINANCE 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 third reading. Council Member Hosinski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of five ayes and four nays (Council Members Pfeifer, Kelly, Varner, and Coleman). RESOLUTIONS RESOLUTION NO. 2679 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 119 NORTH MICHIGAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR JOHN S. HOSINSKI ON BEHALF OF AND FOR THE BENEFIT OF THE ULTIMATE CONNECTION, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 119 North Michigan, South Bend IN, and which is particularly described as follows: A parcel of land being a part of a parcel of land 11 feet in width, north and south, taken off of and from the entire length of the south side of lot numbered fourteen (14) and all of lot numbered fifteen (15) excepting therefrom a lot or parcel of land 4h feet in width, north and south, taken off of and from the entire length of the south side thereof for the widening of Center Street, all as shown on the original plat to the town, now City of South Bend, Portage Township, St. Joseph County, Indiana with said real estate having the following Key No. 18- 1002 -0075 an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and .__ WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory -1 REGULAR MEETING SEPTEMBER 28, 1998 Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) 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 III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Members Hosinski and Coleman recluse themselves from voting on this resolution, since they are financially involved. Lynn Madison, president of Ultimate Connection, made the presentation for the resolution. She reported they propose to rehab the building and put in a cyber cafe where you can surf the net. Council Member Borden made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2680 -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 1911, 1915, 1919, AND 1923 S. WALNUT STREET AND 416 AND 420 S. KENMORE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PHOENIX DEVELOPMENT Where as a Statement of Benefits and a petition for real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 1911, 1915, 1919, and 1923 S. Walnut and 416 and 420 S. Kenmore Street Street, South Bend, Indiana, and which are more particularly described as follows: ADDRESSES LEGAL DESCRIPTION TAX KEY # 1911 S. Walnut Lot 38 Swygarts 5th Add. 18 8062 2461 1915 S. Walnut Lot 39 Swygarts 5th Add. 18 80622462 1919 S. Walnut Lot 40 Swygarts 5th Add. 18 8062 2463 1923 S. Walnut Lot 41 Swygarts 5th Add. 18 8062 2464 416 S. Kenmore Lot 23 Lincoln Park 1st Add. 18 4076 2771 420 S. Kenmore Lot 24 Ex 2x62 NE Cor. 18 4076 2769 Lincoln Park 1st Add. be designated as Residentially Distressed Areas 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 areas qualify as Residentially Distressed Areas 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 areas in question as required by law; and 1 1 REGULAR MEETING SEPTEMBER 28, 1998 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the areas qualify as Residentially Distressed Areas. 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 areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; OR C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; 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 IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for REGULAR MEETING SEPTEMBER 28, 1998 purposes of -real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. / s / Sean Coleman 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. Dave Anthony, a representative of Phoenix Development, made the presentation for the resolution. He advised they proposed to construct six new homes. He indicated the homes would be 1,036 square feet, with three bedrooms and two baths, at an estimated cost of $69,500. He reported that this construction will contribute to the revitalization of the neighborhood. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. ESOLUTION NO. 2681 -98 A RESOLUTION THE CITY OF DETERMINING, THE LEASE OF HURON, SOUTH NEIGHBORHOOD NECESSARY OF THE COMMON COUNCIL OF 30UTH BEND, INDIANA, AFTER INVESTIGATION THAT PROPERTY AT 2202 WEST BEND, INDIANA, FOR USE AS A PARTNERSHIP CENTER IS WHEREAS, the Board of Public Works of the City of South Bend Indiana (Board), on August 25, 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 and Fifty Dollars ($550.00) payable on the third of each month, fore a total rent of the twelve (12) month period not to exceed Six Thousand Six Hundred Dollars ($6,600.00) per year; and WHEREAS, the Board received on August 25, 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. 1 1 REGULAR MEETING SEPTEMBER 28, 1998 the period to a comma, and add "and shall be subject to a final site plan that shows a minimum of: 1. A landscaping plan. 2. A dedicated road through the property to the site to the west. 3. Buffering and landscaping for the Residential land to the south, west and north. 4. An access road system that moves traffic through the site. 5. A minimum 25' landscaped setback along U.S. 31. Council Member Kelly made a motion to accept the amendment, seconded by Council Member Aranowski. The motion carried. Russell Waldschmidt, president of Wald /land Corp., Peoria IL, indicated they are planning to bring a retail project to the City's south side. He advised that his company has been involved with three other developments in the area. He informed the Council that they were unsuccessful in finding space on Ireland Road, therefore, they choose U.S. 31. He indicated the south side of the City has a substantial amount of residential growth, and we believe the development of this project will service as a major catalyst. He indicated they will install a traffic signal which will include a turning lane. Edward Hardig, attorney, spoke in favor of this project, on behalf of Patel, Inc. LLC. He reported that the Patels are in the hotel business, and they are proposing one or two hotels, an office structure and restaurant. He indicated there is a need for hotels and restaurants on the south side of the City. Gita Patel, 3510 Addison, indicated this project will bring hotels and shops to the residents of the south side. She indicated they want to build within the City limits and this site fits their needs. Paula Alburn, 1614 Oak Park, spoke in favor of the annexation and zoning. She indicated there is no question but what development is going to take place on the south side of the City. She advised that as a City home owner she feels this project should be built in the City. Bob Goetz, 61900 S. Scott, indicated that he would appreciate City water and sewer. Charles Nyers, 61191 U.S. 31, indicated they have traffic problems with speeders, and with this proposed commercial development we have been promised a stop light to slow traffic. David Waltman, clerk for the Centre Township Trustee, spoke regarding the City fire department and the Centre Township volunteer organization working together. He indicated he did not feel they could work together. He read a letter from the Township Trustee against this annexation. Todd Zeiger, 61550 U.S. 31 South, indicated the south side needed planned growth and this is not planned growth. He advised that U.S. 31 is a very dangerous highway, and Roosevelt Rd., is the highest point in St. Joseph County and infrastructure to the site cannot handle the increased traffic. He indicated the commercial facilities on the south side would be negatively impacted. He asked the Council if there was a firm commitment from INDOT. Clifford Hamilton, 209 W. Ireland Road., indicated he had a business between Johnson Road and Kern and and the light at Johnson does absolutely nothing to keep the traffic from going by me office at sixty miles per hour. He also indicated there would be a problem with police protection in the area. Jerry Kline, 62600 Turkey Trail, indicated that Southlawn Cemetery is across the road from the proposed project and we have fifteen burials a month and they will cross two lanes to enter the cemetery. He asked how safe it will be to cross U.S. 31 if this project is built. Marsha Healy, 20363 Ozone Rd., indicated she was opposed because of the safety factor. Steve Barlish 59919 S. Main spoke against this bill. Susan Nellia, 19879 Kern Road, indicated she drove a school bus and prayed every day that one of the trucks going sixty miles an hour would not hit the bus when they pull out on 31. Dan Healy, 20363 Ozone, spoke regarding the traffic problem. He indicated he had contacted the Department of Transportation and there is nothing proposed for this area. He indicated this is a bad location for this development. Sandra Zeiger, 19855 Lucinda, REGULAR MEETING SEPTEMBER 28, 1998 purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such properties be designated as residentially distressed areas. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman 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. Dave Anthony, a representative of Phoenix Development, made the presentation for the resolution. He advised they proposed to construct six new homes. He indicated the homes would be 1,036 square feet, with three bedrooms and two baths, at an estimated cost of $69,500., He reported that this construction will contribute to the revitalization of the neighborhood. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2681 -98 A RESOLUTION THE CITY OF DETERMINING, THE LEASE OF HURON, SOUTH NEIGHBORHOOD NECESSARY OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AFTER INVESTIGATION THAT PROPERTY AT 2202 WEST BEND, INDIANA, FOR USE AS A PARTNERSHIP CENTER IS WHEREAS, the Board of Public Works of the City of South Bend Indiana (Board), on August 25, 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 and Fifty Dollars ($550.00) payable on the third of each month, fore a total rent of the twelve (12) month period not to exceed Six Thousand Six Hundred Dollars ($6,600.00) per year; and WHEREAS, the Board received on August 25, 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. 1 REGULAR MEETING SEPTEMBER 28 1998 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 August 25, 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 Dollars ($6,000.00) per year. 5. That on August 25, 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 August 25, 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 September 28, 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. /s/ Sean Coleman Member, South Bend Common Council A public hearing was held on the resolution at this time. Jennifer Mielke, representing Planning and Neighborhood Development, made the presentation for the resolution. She reported that this lease was for a Neighborhood Planning Center located at 2202 W. Huron. She advised that this is a twelve month lease with a monthly rental of five hundred fifty dollars. Council Member Broden made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of nine ayes. BILLS FIRST READING BILL NO. 83 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 906 AND 912 E. DUBAIL, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING SEPTEMBER 28, 1998 This bill had first reading. Council Member Varner made a motion to refer this bill to Area Plan, seconded by Council Member Kelly. The motion carried. BILL NO. 84 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $89,639 FROM PROJECT RELEAF 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 and third reading on October 12, 1998, seconded by Council Member Hosinski. The motion carried. BILL NO. 85 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (A) A PUBLIC INGRESS- EGRESS EASEMENT TO SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD AND (B) A STREET RIGHT-OF- WAY CALLED FOREST VIEW TRAIL OFF OF MEADOW TRAIL LOCATED BETWEEN LOTS 21A AND 22A WITHIN SOUTHFIELD SUBDIVISION This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on October 12, seconded by Council Member Broden. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to refer Bill No. 35 -98 to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on November 9, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to refer Bill No. 60 -98 to the Zoning and Annexation Committee, and set it for public hearing and third reading on October 26, seconded by Council Member Sniadecki. The motion carried. There being no further business to come before the Council unfinished or new, Council President Coleman adjourned the meeting at 12:10 p.m. ATTEST: C� � 4 C ty/ ATTEST: c President 1 1