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HomeMy WebLinkAbout12-14-98 Council Meeting MinutesREGULAR MEETING DECEMBER 14,1998 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, December 14, 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, King, 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 November 23, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Aranowski made a motion that the minutes of the November 23, meeting be accepted and placed on file, seconded by Council Member Kelly. The motion carried. SPECIAL BUSINESS Council President Coleman announced that the Organizational Meeting of the Council will be held on Monday, January 4, at 5:00 p.m. Paul Troast, director of the Solid Waste District, gave a summary of the curbside recycling as it effects this community. He reported that that St. Joseph County was a part of Indiana's Waste Reduction Program. He indicated this program will effect 65,000 homes and the cost for the program will be about $1,400,000. He advised that the County will charge $2.77 per month, and $2.25 for senior citizens, and the City will charge $1.97 per household. He informed the Council that this recycling will include newspapers, junk mail, magazines, card board, plastic-, glass, and clear, green and brown bottles, aluminum, vegetable soup and juice cans. Council President Coleman announced that the Council has reappointed Bob Hunt and Eugenia Schwartz to the Redevelopment Commission. Council President Coleman reported that Council Member Kelly will be setting up interviews prior to the Council making an appointment to the Human Rights Commission. The appointment will be made at the first regular meeting in January. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Aranowski. 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 7:18 p.m. with nine members present. Chairman pro tem Pfeifer presiding. BILL NO. 112 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: UTILITY AND WALKWAY EASEMENT RELEASE. A PUBLIC UTILITY AND WALKWAY EASEMENT TO LOT 43 IN SOUTHFIELD SUBDIVISION REGULAR MEETING DECEMBER 14, 1998 OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. John Leszczynski, from The Troyer Group, made the presentation for the bill. He reported that when this subdivision was developed they created a number of walkways, and in preparing to subdivide it was determined that there was a need to straighten the west and south borders of Lot 43. He advised that they were requesting this vacation in order to realign the property. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 106 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1636 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 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. John Oxian, president of Historic Preservation, made the presentation for the bill. He advised this property is the former South Bend Brewing Association, and at the present time is being used as a consignment and antique shop. He advised that the Commission recommends this building become an historic landmark. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 103 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21 -130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS 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. Jim Voll, Area Plan, made the presentation for the bill. He reported this was an Area Plan initiated petition to amend the zoning ordinance to allow written commitments for rezoning. He advised that the Area Plan Commission sends this to the Council with a favorable recommendation. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 87 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT 2102 EAST INWOOD ROAD, CITY OF SOUTH BEND, INDIANA 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. Jim Voll, Area Plan, made the presentation for the bill. He advised that this was an Area Plan initiated petition to rezone this property to Professional /Health Care. He advised that a site plan is not required. He reported that the Area Plan Commission sends this to the Council with a favorable recommendation. Joyce Boaler, a South Bend resident, REGULAR MEETING DECEMBER 14, 1998 indicated this property was in her neighborhood, and there are many Jewish residents in the area that could not attend this meeting if they were in opposition, due to this meeting being held on a Jewish holiday. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 88 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1122 AND 1205 SOUTH IRONWOOD DRIVE, CITY OF SOUTH BEND, INDIANA 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. Jim Voll, Area Plan, made the presentation for the bill. He advised that this is an Area Plan imitated petition to rezone this property to Professional /Health Care. He reported that the area is 1.1 acres and the property presently contains an office. He informed the Council that this would bring this property into the property zoning use in order to protect the property owners in the area. He advised that the Area Plan Commissions sends this to the Council with a favorable recommendation. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. 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 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. Jim Voll, Area Plan, reported that the petitioners were requesting this rezoning to A -1 residential to allow for a:duplex. He advised that the Area Plan Commission recommended this bill to the Council favorable. Peter Basile, 618 E. Eckman, made the presentation for the bill. He reported to the Council that they propose to purchase this property and in order to replace the furnace with two new furnaces and to rewire the home to current electrical code it is necessary that the property be rezoned. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 107 -988 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AND ADOPTING AMENDMENTS TO THE RULES AND REGULATIONS OF SOUTH BEND WATER WORKS Council Member Coleman made a motion to continue this bill until January 11, seconded by Council Member Kelly. The motion carried. BILL NO. 108 -98 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 16, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A CHARGE FOR CURBSIDE RECYCLING SERVICES 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 Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke made the presentation for the bill. He reported that the City was about to embark on a REGULAR MEETING DECEMBER 14, 1998 curbside recycling program. He advised the Council that in an effort to save the citizens of our community some dollars the City has offered to bill the cost through our water work's billing process. We will pay $1.76 per month, and charge $1.97. Joyce Boaler, a South Bend resident, spoke in opposition to this bill. She indicated she was against enforced recycling, and not giving seniors a discount is discrimination. Barbara Brownell, 1407 Sunnymede, indicated senior citizens should be given a discount since they generate a small amounts of trash. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 95 -98 A BILL APPROPRIATING $60,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF THE SOUTH BEND BREWERY IN THE EAST RACE AREA OF SOUTH BEND 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. Council Member Hosinski indicated that the South Bend Brewery has asked that his matter be continued until January 11. Beth Leonard, Economic Development, made the recommendation that the bill be continued, since they are the petitioner. Council Member Coleman made a motion to continue, seconded by Council Member Aranowski. The motion carried. BILL NO. 96 -98 A BILL APPROPRIATING $138,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 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. Beth Leonard, director of Financial & Program Management, made the presentation for the bill. She reported that this bill will appropriate Emergency Shelter Grant entitlement funds to be received by the City for 1999. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 109 -98 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 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 Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Cathy Roemer, City Controller, made the presentation for the resolution. She indicated this was an appropriation that this done annually at year -end. She explained to the Council the difference between an appropriation and a transfer. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 110 -98 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 This being the time heretofore set for public hearing on the REGULAR MEETING DECEMBER 14, 1998 above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Personnel and Finance 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. Cathy Roemer, City Controller, made the presentation for the bill. She explained that this was the transfer bill that usually comes at the end of the year, in order to shift budgeted funds within departments as needed. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. The motion carried. BILL NO. 111 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000 FROM THE OPERATING BALANCE OF THE EAST RACE WATERWAY FUND (FUND #271) 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 Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Bill Carleton, fiscal officer for the Park Department, made the presentation for the bill. He reported that this fund is dedicated to promotion and upkeep of the East Race Waterway. He advised that this appropriation would be used for improvements along the waterway. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Aranowski. The motion carried. ATTEST: City Clerk REGULAR MEETING RECONVENED ATTEST: Chairman, pro tem Be it remembered that the Common Council of the Bend reconvened in the Council Chambers on the the County -City Building at 8: 12 p.m. Council presiding, and nine members present. BILLS, THIRD READING City of South fourth floor of President Coleman ORDINANCE NO. 8964 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: UTILITY AND WALKWAY EASEMENT ',RELEASE. A PUBLIC UTILITY AND WALKWAY EASEMENT TO LOT 43 IN SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8965 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1636 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of nine ayes. 1 1 �1 REGULAR MEETING DECEMBER 14, 1998 ORDINANCE NO. 8966 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21 -130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8967 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT 2102 EAST INWOOD ROAD, CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8968 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1122 AND 1205 SOUTH IRONWOOD DRIVE, CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8969 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 906 -I AND 912 E. DUBAIL, IN THE CITY OF SOUTH BEND, INDIANA This bill had third to amend this bill, seconded by Council Council Member Aram seconded by Council vote of nine ayes. reading. Council Member Kelly made a motion as amended in the Committee of the Whole, Member Aranowski. The motion carried. Dwski made a motion to pass this bill, Member Kelly. The bill passed by a roll call ORDINANCE NO. 8970 -98 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 16, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A CHARGE FOR CURBSIDE RECYCLING SERVICES This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of seven ayes and two nays (Council Members Hosinski and Sniadecki). ORDINANCE NO. 8971 -98 AN ORDINANCE APPROPRIATING $138,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8972 -98 AN ORDINANCE INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 This bill had third reading. Council Member Kelly a motion to pass this bill, seconded by Council Member Hosinski. The bill REGULAR MEETING DECEMBER 14, 1998 passed by a roll call vote of nine ayes. ORDINANCE NO. 8973 -98 AN ORDINANCE TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 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 Hosinski. The motion carried. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE N0. 8974 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000 FROM THE OPERATING BALANCE OF THE EAST RACE WATERWAY FUND (FUND #271) This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION NO. 2696 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4044 WILLIAM RICHARDSON COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RICK E. NEWMAN (CRYSTAL MOUNTAIN, 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 4044 William Richardson Court, South Bend IN, and which is particularly described as follows: THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, T. 38 N., R. 2 E., GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION WHICH IS N. 000 - 50'42" W., 315.78 FT. FROM A STONE MARKING THE EAST QUARTER POST OF SAID SECTION; THENCE S. 88° -53'-0 1 " W., 347.61 FT. TO THE EAST LINE OF WILLIAM RICHARDSON COURT; THENCE ALONG SAID EAST LINE N. 00- - 59' -02" W., 4.91 FT; THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 52.86 FT. TO THE END OF A CHORD WHICH BEARS N. 260 -13'-24" W. AND HAVING A DISTANCE OF 51.17 FT.; THENCE AROUND A 50.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 44.05 FT. TO THE END OF A CHORD WHICH BEARS N. 260 -13'24" W. AND HAVING A DISTANCE OF 42.64 FT.; THENCE N. 000 -59' -02" W., 255.14 FT.; THENCE N. 88° -53' -01" E., 388.45 FT. TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE S. 00° -50'42" E., 345.00 FT. TO THE POINT OF BEGINNING. CONTAINING 3.0283 ACRES. with said real estate having the following Key No. 25- 1013 -0216 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 1 �l 1 REGULAR MEETING DECEMBER 14, 1998 to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 property owner is qualified for deduction for a period of three that the petition complies with Municipal Code of the City of Si 12.1 et sea. hereby determines that the and is granted Real property tax (3) years, and further determines Chapter 2, Article 6, of the Duth Bend and Indiana Code 6 -1.1- 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. Rick Newman, owner of Crystal Mountain, made the presentation for the resolution. He reported they were adding an addition to their existing facility. Council Member Hosinski 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. 2697 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF HERRMAN & GOETZ, INC. HERETOFORE FILED WITH THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 54755 OAK ROAD, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the petition of Herrman & Goetz, Inc., (heretofore filed with the Board of Zoning Appeals) pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special use be granted for REGULAR MEETING DECEMBER 14, 1998 the property located at 54755 Oak Road, South Bend, Indiana 46628 in order to permit the location and use of a portion of said property for the following industrial uses: gravel, rock, stone and /or sand extraction; crushing, washing or sorting. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of Herrman & Goetz, Inc., heretofore filed with the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special use will not be affected in a substantially adverse manner; 3. The need for the special use arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special use is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions of the South Bend Common Council and the Commitment Regarding Use and Development of Real Estate, both of which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommends it to the Council favorable. Ann Carol Nash, assistant city attorney, made the presentation for the resolution. She reported that this property was rezoned to E Heavy Industrial. She indicated the jurisdiction on mining is not clear, and it was decided that it should be classified as a special use. John Peddycord, attorney for Herrman and Goetz, reported that the annexation and rezoning of this property was initiated by the City of South Bend. He indicated that Herrman and Goetz has agreed to the terms of the commitment that was made at the time of the zoning. He indicated there would be no operation or removal of sand or gravel at night. He asked that the phrase special exception be changed throughout the bill to special use. Council Member Hosinski made a motion to accept the amendment, seconded by Council Member Aranowski. The motion carried. Tom Kosel, 54166 Pine Road, spoke against this resolution. He gave the history of this piece of property. He asked how deep they would be able to mine and how will it be monitored. Jeannette Dzikowski, 24085 W. Edison, indicated she was opposed to this request for mining. She indicated this will have a negative impact on their property values. Ray Hollinger, indicted Herrman and Goetz was only going to mine twenty acres and now its forty acres, and there are lots of wells in the area that are only forty foot deep. Sandra Elkins, 54478 Oak Road, indicated that the plans for Blackthorn and the airport look like they want to put a road through our 1 �7 1 REGULAR MEETING DECEMBER 14, 1998 property. Jeff Wells, 225 S. LaFayette, indicated Herrman and Goetz had no plans to dig down to the water level. The Council asked that there would be no digging to ground water level in the commitment. 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. 2698 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS NORTHWEST CORNER OF NIMTZ PARKWAY AND CRESCENT CIRCLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF CRESCENT MICHIANA PROPERTIES LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Nimtz Parkway and Crescent Circle, South Bend, Indiana, and which are more particularly described as follows: Lot #3 of Blackthorn Corporate Office Park minor subdivision V. A part of NE 1/4 & SE 1/4 of Sec. 19- T38N -R23 & a part of NW 1/4 & SW 1/4 of section 20- T38N -R2E, German Township, City of South Bend, St. Joseph County, Indiana. and which has tax key number 25- 1018 -0622, as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 or 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 et seq. SECTION III. Upon the effective date of this Resolution, Resolution No. 2637 -98 is hereby rescinded. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING DECEMBER 14, 1998 /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Nancy Van Scoyk, Community and Economic Development, made the presentation for the bill. She reported that the Council had previously passed a confirming resolution for Crescent. She advised there was an error in the key number and this resolution corrects the error. Council Member Kelly made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2699 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOTS #18, 19, 20, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35, 92, 93, 94, 95, 96, 161, 162, 164,, 166, 167 KENSINGTON FARM SECTION 6, PART II AND LOTS 24 AND 25 KENSINGTON FARMS ESTATES SECTION 4, PART II RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as Address Legal Description Key Number Lot #18 Kensington Farms Estates, Sec.6, Part II 25- 1050 -3201 Lot #19 Kensington Farms Estates, Sec.6, Part H " Lot #20 Kensington Farms Estates, Sec.6, Part II " Lot #22 Kensington Farms Estates, Sec.6, Part II " Lot #27 Kensington Farms Estates, Sec.6, Part H " Lot #28 Kensington Farms Estates, Sec.6, Part II " Lot #29 Kensington Farms Estates, Sec.6, Part II " Lot #30 Kensington Farms Estates, Sec.6, Part II " Lot #31 Kensington Farms Estates, Sec.6, Part II " Lot #32 Kensington Farms Estates, Sec.6, Part II " Lot #33 Kensington Farms Estates, Sec.6, Part II " Lot #34 Kensington Farms Estates, Sec.6, Part II " Lot #35 Kensington Farms Estates, Sec.6, Part H " Lot #92 Kensington Farms Estates, Sec.6, Part II " Lot #93 Kensington Farms Estates, Sec.6, Part II " Lot #94 Kensington Farms Estates, See. 6, Part 11 " Lot #95 Kensington Farms Estates, Sec.6, Part II " Lot #96 Kensington Farms Estates, Sec.6, Part H " Lot #161 Kensington Farms Estates, Sec.6, Part II " Lot #162 Kensington Farms Estates, ',Sec.6, Part II " Lot #164 Kensington Farms Estates, Sec.6, Part II " Lot #166 Kensington Farms Estates, Sec.6, Part II " Lot #167 Kensington Farms Estates, Sec.6, Part II " Lot #24 Kensington Farms Estates, Sec.4, Part II 23- 1051 -3273 Lot #25 Kensington Farms Estates, Sec.4, Part 11 23 -1051 -3278 (* - the master key number is currently being split and separate key numbers will be assigned to each of the above lots, except for lots #24 and #25) REGULAR MEETING as a Residentially Distressed Areas; and DECEMBER 14, 1998 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et ge—q., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the areas are not permanently occupied and are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. Parcels of property in the area: i. the subject of an order issued under IC 36 -7 -9; or ii. are owned by a unit of local goverment; or _- D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within he area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory REGULAR MEETING DECEMBER 14, 1998 Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. Upon the effective date of this Resolution, Resolution No. 2646 -98 is hereby rescinded. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ -Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Nancy Van Scoyk, Community and Economic Development, made the presentation for the bill. She reported that the Council had previously passed a confirming resolution for Rojo. She advised there was an error in the key number and this resolution corrects the error. Council Member Pfeifer made a motion to adopt this resolution, seconded by Counci Member Varner. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 98 -167 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA, FOR USE AS GENERAL OFFICE SPACE IS NECESSARY 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 resolution is for the lease of the City's Building Department, and is a continuing use of the space. She indicated there was no rent increase. The Council questioned the cost of the rent per square foot, original cost when the space was first leased, and several other items. There questions could not be answered. Council Member Varner made a motion to continue this resolution until January 11, seconded by Council Member Hosinski. The motion carried on a roll call vote of six ayes and three nays (Council Member Kelly, King and Coleman). BILLS. FIRST READING BILL NO. 113 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PRAIRIE AVENUE AND GRANT STREET This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the operating losses for the College Football Hall of Fame. Barbara Brownell, 1407 Sunnymede, spoke regarding the Y2K problem. She indicated that the ,City should be looking into a Y2K contingency plan. REGULAR MEETING DECEMBER 14. 1998 Joyce Boaler, a citizen of South Bend, spoke regarding Y2K problems. She indicated the community needs to be prepared. Dan Line, representing St. Joseph Valley Project, issued an invitation to all of the Council Member to a meeting on January 23, 1 p.m., at the Charles Martin Youth Center and January 28 at 7 p.m., at Broadway Christian Parish, regarding The Working Poor. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 10:02 p.m. ATTEST: City Clerk ATTEST: President 1