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HomeMy WebLinkAbout09-08-97 Council Meeting MinutesREGULAR MEETING SEPTEMBER 8,1997 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 8, 1997, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: Council Member Aranowski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 25, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the August 25, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION NO. 2505 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND HONORING THE LIFE AND MEMORY OF CORPORAL PAUL RICHARD DEGUCH Whereas, in our nation's capital, the following words are meticulously engraved into the marble and granite wall of the Police Officers' Memorial: "Remember not how this officer died, but rather how he lived his life "; and Whereas, in keeping with the message, the Common Council of the City of South Bend, Indiana, is indeed humbled to honor the life and memory of Corporal Paul Richard Deguch, PIN # 454, who become the thirteenth South Bend Police Officer since 1896, to be called in the line of duty while serving and protecting the residents and property of our community; and Whereas, Paul Richard Deguch was born to Lucy and Richard Deguch, and was raised in South Bend along with his sister SueAnn, and his brother Chris, in a home which embraced the home- grown virtues of family, faith, respect, commitment, service, professional excellence, and integrity; and Whereas, on the 27th day of April, 1991, Paul and Annette celebrated before family and friends the vow of Holy Matrimony of the Roman Catholic Church and thereafter began their own family with their children David, Theo and Mackienzie being the focus of their lives together; and Whereas, on the 23rd day of November, 1992, Paul Richard Deguch raised his right hand before the Board of Public Safety and solemnly swore "upon becoming a Police Officer to at all times..act promptly with energy, firmness and decision in the line of duty" as part of the South Bend Police Department's oath, and was promoted to the rank of Corporal on November 23, 1995 in the most demanding and challenging profession in a free society today; and Whereas, in March of 1997, this exemplary uniformed police REGULAR MEETING SEPTEMBER 8. 1997 officer became a Field Training Officer on the South Bend Police Department and utilized his sense of fairness, educational background, law enforcement training, keen sense of humor, and outgoing personality in educating new police officers on procedures and law enforcement techniques; and Whereas, Corporal Paul Richard Deguch will always be remembered for his infectious smile, his sincere and boundless energy, compassion and caring for others, his dedication an professionalism as a "Cop's Cop ", and to those who knew him best, he will live on in their lives as "Guch ", "Coach ", "Paulie", husband, son, brother. partner, friend and Dad. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly commemorates and honors the life of Corporal Paul Richard Deguch and hereby rededicates its commitment to carry forward the basic moral virtues which this young Policy Officer exemplified each day as a caring public servant, who truly thirsted for justice by touching others with genuine compassion, kindness and respect. Section II. The spirit of Corporal Paul Richard Deguch has shaken and reawakened the basic moral fiber of the heart of our community; and to this end, the South Bend Common Council publicly commits its energy to continuing to focus our community on the values for which he will be remembered into perpetuity. Section III. To the entire Deguch Family and the countless friends of Corporal Paul Richard Deguch, we say Dzienkuje from the bottom of our hearts for sharing Paul with us. 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. James Aranowski, First District . a tte e- r econd District Roland Kelly, Third bistrict John Broden, Fourth District AT ST: , Lo a Dud , C' y ler Kathleen Cekanski- Farrand, Council David Varner, Fifth District Andrew Ujdak, Sixth District Sean Coleman, At Large John Hosinski, At Large Rod Sniadecki, At Large Steve Luecke, Mayor Attorney A public hearing was held on the resolution at this time. Council Member Pfeifer made the presentation for the resolution. She read the resolution. Chief Gunn thanked the Council.Members and citizens for the outpouring of concern and sympathy, as well as help., for Cpt. Deguch's family in this tragic time, it will always be remembered. Tom Leszcz, Police Department, spoke about Cpl. Deguch and how this tragedy has brought the community together. All Council Members reflected on their memories and knowledge of Cpt. Deguch as a policeman, for some as a friend, and his dedication to duty, his family and the community. His father, Richard Deguch, thanked the Council for everything they have done for the family. Council Member Pfeifer read the oath Cpt. Deguch took on November 23, 1992. A copy of the oath, as well as a framed copy of the resolution, was presented to his wife, parents and sister. Council Member Varner made a motion to adopt the resolution by acclamation, seconded by Council Member 1 1 1 REGULAR MEETING SEPTEMBER 8, 1997 Borden. The motion carried. RESOLUTION NO. 2506 -97 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 (NORTH OLIVE ROAD 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 hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 60.3 acres of land, used primarily for industrial purposes located south of the Indiana Toll Road, east of Olive Road and north of Cleveland Road, in German Township, St. Joseph County, Indiana; with 20.4% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend; and 100% subdivided. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services including fire and police protection, street and road maintenance, and services of a capital improvement nature, including street lighting; 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 three (3) 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 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; 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, REGULAR MEETING SEPTEMBER 8, 1997 described in Exhibit A attached hereto and made a part thereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) 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, 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/ Roland Kelly Member, Common Council EXHIBIT "A A PARCEL OF LAND LOCATED IN THE SW 1/4 OF SECTION 19 T. 38 N.R. 2 E., GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 19, T.38 N., R 2 E., GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND ITS INTERSECTION WITH THE SOUTH RIGHT -OF -WAY LINE OF CLEVELAND ROAD; THENCE WEST ALONG SAID RIGHT OF WAY LINE TO ITS INTERSECTION WITH THE EAST LINE, EXTENDED, OF WELLS ELECTRONICS MINOR SUBDIVISION, M ARKING THE "POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED: THENCE WEST ALONG SAID SOUTH RIGHT OF WAY LINE EXTENDED TO OLIVE ROAD; THENCE NORTH ALONG SAID RIGHT OF WAY LINE TO THE NORTH LOT LINE, EXTENDED, OF OUTLOT "A" OF WELLS ELECTRONICS MINOR SUBDIVISION; THENCE 1 OF OLIVE ROAD COMMERCE PARK - SECTION ONE SUBDIVISION; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDIVISION; THENCE 660.06 FEET; THENCE WEST 240 FEET MORE OR LESS TO THE WEST LINE RIGHT OF WAY LINE OF OLIVE ROAD; THENCE NORTH ALONG SAID LINE TO THE SOUTH RIGHT OF WAY LINE OF THE INDIANA EAST -WEST TOLL ROAD; THENCE EAST ALONG SAID LINE TO THE NORTHEAST SUBDIVISION ALSO BEING THE NORTH -SOUTH CENTER LINE OF SOUTHEAST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE WEST TO THE NORTHEAST CORNER OF OUTLET "OF WELLS ELECTRONICS MINOR SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION TO THE POINT OF BEGINNING. A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He reported this was a City initiated annexation of sixty acres of industrial zoned land, with one industry on the land, Wells Electronics. He informed the Council there were no residences in this area. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. REGULAR MEETING SEPTEMBER 8, 1997 Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Coleman. 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 7:27 p.m. with eight members present. Chairman Coleman presiding. BILL NO. 78-97,A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (NORTH OLIVE ROAD ANNEXATION) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Larry Magliozzi, assistant director of Planning, made the presentation for the bill. He reported that, if passed, this annexation would be effective in sixty days. He indicated this annexation meets all the requirements of State law. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 66 -97 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE 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 Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. John Byorni, assistant director of Area Plan, advised that the petitioner was requesting a rezoning in order to allow for retail, offices and an outdoor advertising sign. He reported that the Area Plan Commission recommended this rezoning to the Council favorable. Kenneth Fedder, attorney, made the presentation for the bill. He indicated this rezoning was for the Council Oak Mall, which was built in 1984. He indicated any changes facility will be consistent with the uses in the general area. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. BILL NO. 62 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 130 PARK LANE STREET 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 Kelly made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Broden. The motion carried. John Byorni, assistant director of Area Plan, advised that the petitioner was requesting a rezoning in order to allow for a professional health care district for an office building. He reported that the Area Plan Commission recommended this zoning to the Council favorable. Bruce Bancroft, attorney, made the presentation for the bill. He advised that Memorial Hospital was requesting this rezoning, since own the property, which was a former office, and now wish to lease the building to the Junior League of South Bend for REGULAR MEETING SEPTEMBER 8, 1997 their offices. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Varner. The motion carried. BILL NO. 65 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD, 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 Hosinski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. John Byorni, assistant director of Area Plan, advised that the petitioner was requesting a rezoning in order to allow for a senior living campus. He reported that the Area Plan Commission recommended this rezoning to the Council favorable. Robert Gummer, president of Extendicare Health Services, made the presentation for the bill. He indicated there is a demand for facilities of this type in the area. He advised that this zoning is consistent with the City's long range plan. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. The motion carried. BILL NO. 84 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF MISHAWAKA AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH 25TH STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF 25TH STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN BERNER GROVE 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. John Pedycord, attorney, made the presentation for the bill. He advised that this alley vacation was being requested by Creative Teaching, Inc., a teacher supply business. He indicated they are seeking the vacation to gain space for employee parking. He described the alley as being dead -end. Judy Burkhart, an employee of Creative Teaching, spoke in favor of this vacation. Toni Severn, 837 25th Street, presented a petition against the closing of the alley. She indicated the petitioners bought the house behind the business and they wanted to close the alley and use the house as a warehouse, and they did not want a business to encroach into the neighborhood. Paula Sorbello, 841 S. 26th, spoke against this vacation, indicating she was concerned about access into her alley. After Council discussion, where questions were heard and answered, Council Member Kelly made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 69 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE AN ADULT CARE HOME AND TO CREATE AN EXCEPTION TO THE ZONING DISTRICT REGULATIONS TO ALLOW ADULT CARE HOMES WITHIN ALL DISTRICTS UPON APPROVAL OF THE BOARD OF ZONING APPEALS AND TO PROVIDE FOR LICENSING OF ADULT CARE HOMES Council Member Hosinski made a motion to continue this bill indefinitely, seconded by Council Member Sniadecki. The motion 1 1 REGULAR MEETING SEPTEMBER 8, 1997 carried. BILL NO. 80 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF ADULT CARE HOMES Council Member Hosinski made a motion to return this bill to Area Plan for further review, seconded by Council Member Sniadecki. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. 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 7:23 p.m. Council President Kelly presiding, and eight members present. ATTEST: ATTEST: ity 1 r r Chairman BILLS, THIRD READING ORDINANCE NO. 8821 -97 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 (NORTH OLIVE ROAD ANNEXATION) This bill had third reading. Council Member Hosinski made a motion to pass the bill, seconded by Council Member Coleman. The bill passed by a roll call vote of eight ayes. ORDINANCE NO. 8822 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. motion to amend the bill, as Whole, seconded by Council M, Council Member Hosinski made amended, seconded by Council by a roll call vote of eight Council Member Coleman made a amended in the Committee of the ember Hosinski. The motion carried. a motion to pass the bill, as Member Sniadecki. The bill passed ayes. ORDINANCE NO. 8823 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 130 PARK LANE STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman 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. ORDINANCE NO.8824 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING SEPTEMBER 8, 1997 This bill had third reading. Council Member Coleman made a motion to amend the bill, as amended in the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. Council Member Coleman 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. BILL NO. 84 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF MISHAWAKA AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH 25TH STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF 25TH STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN BERNER GROVE 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Council Member Coleman made a motion to defeat this bill, seconded by Council Member Borden. The bill was defeated by a roll call vote of eight ayes. RESOLUTIONS RESOLUTION NO. 2507 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT LOT J, BELLEVILLE GARDENS, WEST OF DOGWOOD AND S. PARKWAY, SOUTH BEND, INDIANA (MAILING ADDRESS: 159 N. SUMMIT DRIVE, SOUTH BEND, INDIANA) WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: Lot J, Belleville Gardens, west of Dogwood and S. Parkway, South Bend, Indiana 46619 (Mailing address: 159 N. Summit) in order to permit a fair and carnival in "A" Residential. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, REGULAR MEETING Indiana hereby finds that: SEPTEMBER 8, 1997 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 1s/ Roland Kelly 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 recommended it to the Council favorable. Father Charles of St. Mary's Parish made the presentation for the bill. He reported they were requesting this variance in order to have a parish fair. He indicated there would be security guards, and they planned to stake off the area from the residences in the neighborhood. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2508 -97 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 3615 W. VOORDE DRIVE, SOUTH BEND, IN., AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR CAPITOL TECHNOLOGIES, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as 1137 S. Lafayette Blvd., South Bend, Indiana, and which is more particularly described as follows: Parcel of land beginning 814' East Center Section 33 -38 -2E and cont. 5.76 AC +- and this property has Key Number 18 028469 3816„ be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.: and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et seq., and South Bend Municipal Code Sections 2- REGULAR MEETING SEPTEMBER 8, 1997• 76-et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and 1 1 1 REGULAR MEETING SEPTEMBER 8, 1997 effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council This being the time theretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Robert Kastens, treasurer of Hess Industries, Inc., made the presentation for the resolution. He reported to the Council that they were going to purchase two new 1600 ton presses that will be used for testing dies and production runs. He said this project will help them retain the recognition as a world class machine and tool builder. He indicated the total cost of the project is estimated at $750,000. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of eight ayes. RESOLUTION NO. 2509 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 609 W. INDIANA STREET, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on or about August 27, 1997, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend requesting that the Board lease the property at 609 W. Indiana Street, South Bend, Indiana as space for a Neighborhood Partnership Center, by entering into a lease agreement with Paul M. Dillon and Phyllis M. Dillon. for a term of twelve months with a twelve month option to renew exercisable by the City, with an annual rental not to exceed five thousand four hundred dollars ($5,400.00) in the first year and five Thousand four hundred Dollars ($5,400.00)in the option year if the option to renew for the second year is exercised by the City; and WHEREAS, the Board received on August 27, 1997, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -(7)2 requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1) That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2) That the Common Council is desirous of establishing a neighborhood partnership 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 to be leased at 609 W. Indiana, South Bend, Indiana, contains approximately two thousand five hundred and ten (2,510) square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership REGULAR MEETING Center is intended. SEPTEMBER 8, 1997 4) That on or about August 27, 1997 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 Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with REBS, Inc. for a term twelve months with a twelve (12) month option to renew upon agreement by the City, with rental for said premises not to exceed six thousand dollars ($5,400.00) if the option is exercised by the City. 5) That on or about August 27, 1997, 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 or about August 27, 1997, a proposed lease agreement was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7) That having heard all speakers at the presentation and hearing on this Resolution on July 14, 1997, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussion, and consideration 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 for and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Roland Kelly Member, South Bend Common Council A public hearing was held on the resolution at this time. Ann Carol Simon, made the presentation for the resolution. She informed the Council that this property currently serves the Rum Village Neighborhood Association as a Neighborhood Center. Ms. Coleman spoke in favor of this location as their neighborhood center. She discussed all of the projects that are taking place at the Center, as well as future plans. Jolanda Burton, a representative of the youth, spoke in favor of the Center as a place for the youth in the neighborhood. She indicted they will be starting a literacy program at the Center. Roger Volker, 1713 Franklin, a member of the Advisory Board, spoke in favor of renewing this lease. Council Member Borden made a motion to adopt this resolution, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 85 -97 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 216 WEST WASHINGTON STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to seconded by Council Member Varner. The motion carried. BILL NO. 86 -97 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 514 LA SALLE STREET, IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING SEPTEMBER 8, 1997 This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Sniadecki. The motion carried. BILL NO. 87 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4134 LINCOLN WAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan, seconded by Council Member Sniadecki. The motion carried. Council Member Varner made a motion to set a Council meeting for September 29, to pass the City budget, seconded by Council Member Coleman. The motion carried. BILL NO. 88 -97 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, 1998 This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 22, seconded by Council Member Varner. The motion carried. BILL NO. 89 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1998, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member made Coleman a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 22, seconded by Council Member Varner. The motion carried. BILL NO. 90 -97 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, 1998, AND ENDING DECEMBER 31, 1998, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 22, seconded by Council Member Varner. The motion carried. BILL NO. 91 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 1998 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 22, seconded by Council Member Coleman. The motion carried. BILL NO. 92 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND MAKING TECHNICAL CORRECTIONS TO ORDINANCE NO. 8623 -95 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, ADDRESSING SALARIES OF EMPLOYEES OF THE CITY OF SOUTH BEND REGULAR MEETING SEPTEMBER 8, 1997 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing on September 22, seconded by Council Member Coleman. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 8:45 p.m. ATTEST: ATTEST: ity e k President U 1