Loading...
HomeMy WebLinkAbout11-10-97 Council Meeting MinutesREGULAR MEETING NOVEMBER 10,1997 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, November 10, 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 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 October 27, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly 1s/ David Varner Council Member Coleman made a motion that the minutes of the October 27, 1997, meeting be accepted and placed on file, seconded by Council Member Broden. The motion carried. SPECIAL BUSINESS Council Member Broden reported that the Solid Waste District took official action with respect to taking bids for County -wide curbside recycling. He advised that no vote was taken to enter into a contract. Council Member Hosinski made a motion to set Bill No. 11 -97, regarding rezoning to declare 513 Harrison, an historic landmark, for public hearing and third reading on December 22, seconded by Council Member Broden. The motion carried. Council Member Coleman 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 7:02 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 98 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF MANITOU FROM THE EAST RIGHT -OF -WAY OF THE NORTH -SOUTH ALLEY WEST OF FOREST AVENUE TO THE WEST RIGHT -OF -WAY OF FOREST AVENUE FOR A DISTANCE OF APPROXIMATELY 120 FEET IN LENGTH AND A WIDTH OF APPROXIMATELY 12 FEET. PART LOCATED IN CHAPIN PLACE, 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. Charles Kirkpatrick, 831 Forest Avenue, made the presentation for the bill. He reported that the neighbors would like this alley closed because it is seldom used by vehicles and no one needs the alley to access their garages. He advised it is a danger for children REGULAR MEETING NOVEMBER 10, 1997 playing because it is infrequently used by cars, so for safety and security purposes it needs to be closed. Council Member Aranowski made a motion to recommend this bill to the council favorable, seconded by Council Member Varner. The motion carried. BILL NO. 99 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT -OF -WAY OF BLAINE STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 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. Jim Jasiewicz, South Bend Community School Corporation, made the presentation for the bill. He reported the School Corporation was in the process of building a new school and we need additional parking for staff and patrons. He advised that the alley will be split between the school and Faith Baptist Church. Council Member Kelly made a motion to recommend this bill to go the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 77 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 5, ENTITLED OFF - STREET PARKING AND LOADING FACILITIES, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE This being the time 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 recommended this bill 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 Sniadecki. The motion carried. John Byorni, assistant director of Area Plan, reported that this was a Common Council initiated ordinance. He advised that the Commission sends this petition to the Council with a favorable recommendation, subject to any necessary legal revisions to the legal description and a commitment from the City to construct the necessary off - street parking facilities as they become needed. He indicated that the Commission had reservations about this proposed ordinance since there could be conflicts among property owners within the district because some will provide adequate parking and those that do not provide parking will have customers who will use their lots. Council Member Hosinski made the presentation for the bill. He advised that this bill would extend the Central Business District to the East Bank area. He reported that the East Bank area was unique, and a lot of businesses have wanted to be in the area but could not locate in the area because of insufficient off - street parking, however, in creating this parking, development sites have been turned into pavement. He advised that the Central Business District downtown already is exempt from such parking regulations. Council Member Kelly made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Aranowski. 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 being the time set for public hearing on the above bill, I J 1 REGULAR MEETING NOVEMBER 10. 1997 proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee recommended this bill to the Council favorable. John Byorni, assistant director of Area Plan, reported the petitioners wanted to zone to "C" commercial "C" height and area to allow for a hotel. He reported that the Area Plan Commission recommends this zoning to the Council favorable. Mike Danch, Peirce and Associates, made the presentation for the bill. He reported they requesting this rezoning to allow for a three story hotel just east of the Ponderosa restaurant. He advised that the building will be on the south part of the site, there will be one access from Lincoln Way West, and the structure will be extensively landscaped from the residential areas. Council Member Pfeifer made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTEST: ATTEST: it C k C airman 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 7:34 p.m. Council President Kelly presiding, and nine members present. BILLS, THIRD READING ORDINANCE NO. 8838 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST - WEST ALLEY NORTH OF MANITOU FROM THE EAST RIGHT -OF -WAY OF THE NORTH -SOUTH ALLEY WEST OF FOREST AVENUE TO THE WEST RIGHT -OF -WAY OF FOREST AVENUE FOR A DISTANCE OF APPROXIMATELY 120 FEET IN LENGTH AND A WIDTH OF APPROXIMATELY 12 FEET. PART LOCATED IN CHAPIN PLACE, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Coleman 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. 8839 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST - WEST ALLEY NORTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT -OF -WAY OF BLAINE STREET TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY EAST OF BLAINE STREET FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN MUESSAL 1ST ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8840 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER REGULAR MEETING NOVEMBER 10, 1997 21, ARTICLE 5, ENTITLED OFF- STREET PARKING AND LOADING FACILITIES, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE This bill had third reading. Council Member Coleman 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 Coleman 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. 8841 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4134 LINCOLN WAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. RESOLUTIONS RESOLUTION 97 -89 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 1205 AND 1209 SOUTH BEND AVENUE, SOUTH BEND, INDIANA A public hearing was held on the resolution at this time. Council Member Hosinski reported that the Zoning and Vacation Committee had met on this resolution and recommended it to the Council unfavorable. Charles Hayes, Charles Hayes, Inc., indicated they wanted to construct a communication tower on South Bend Avenue. He advised they will need a tower every two to three miles. He reported he was concerned that the residents were not in favor of this tower and will leave the decision up to the Council. Council Member Broden spoke against this special exception. He made a motion this proposed resolution be defeated, seconded by Council Member Coleman. The resolution was defeated by a roll call vote of nine ayes. RESOLUTION NO. 2520 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1200 BLOCK OF WEST COLFAX AVENUE AND 100 BLOCK OF SPRUCE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 1200 Block of Colfax, South Bend IN, and which is particularly described as follows: Lots numbered 93 -101 and 13 1/5 feet of the north part of lot numbered 102, all lying north of the present alley as shown on the recorded plat of commissioners' subdivision of bank out lot 79 with said real estate having the following Key No. 18 1044 1891 through 18 1044 1902 as an Economic Revitalization Area; and REGULAR MEETING NOVEMBER 10, 1997 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 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Dea Andrews, South Bend Heritage, made the presentation for the resolution. She indicated this was their Logan housing project for the developmently disabled. She reported they planned to build six duplexes. 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 nine ayes. RESOLUTION NO. 2521 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4085 RALPH JONES DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR JAMES W. & LINDA M. TESKE 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 4085 Ralph Jones Drive, South Bend IN, and which is particularly described as follows: Lot Number Five (5) as shown on the recorded Plat of Toll Road Industrial Park, Section Three, recorded June 5, 1987 in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 8717304 with said real estate having the following Key No. 25 013 0223 through 18 1044 1902 as an Economic Revitalization Area; and REGULAR MEETING NOVEMBER 10, 1997 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 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 three (3) 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 /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Bob Price, a representative of Appolo, made the presentation. He advised they need to expand their operation, in order to remain competitive. Council Member Coleman 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. 2522 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CONFIRMING RESOLUTION NO. 2519 -97 DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE COLLEGE FOOTBALL HALL OF FAME, CENTURY CENTER, COVELESKI STADIUM, MORRIS CIVIC AUDITORIUM /PALAIS BALLROOM AND STUDEBAKER NATIONAL MUSEUM AS A PROFESSIONAL SPORTS DEVELOPMENT AREA WHEREAS, the Common Council of the City of South Bend, Indiana, approved and adopted Resolution No. 2519 -97 designating certain areas within the City, described below, commonly known as the College Football Hall of Fame, Century Center, Stanley Coveleski Stadium, Morris Civic Auditorium /Palais Ballroom, and Studebaker National Museum as the South Bend Professional Sports Development Area, and establishing a Tax Area for purposes of allocating Covered Taxes. The College Football Hall of Fame Lots 44, 45, 46 and vacated East /West alley located in the Northwest 1/4 of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Commencing at the Northwest corner of Section 12, Top. 37N, R.2E; thence South 1230' (feet) to the Northwest corner of REGULAR MEETING NOVEMBER 10, 1997 Lot 46, Plat of South Bend (Original Town), also being the point of beginning; thence South 212.19' (feet), (212' Plat) to the Southwest corner of lot 44, including 14' (foot) vacated alley; thence East 165.64' (feet) (165' Plat) to the Southeast corner of lot 44, also being the West R/W line of the North /South Service Drive; thence North 212.09 (feet), (212.10' Plat), to the Northeast corner of Lot 46; thence West along the North Line of Lot 46 a distance of 165.17' (feet), (165' Plat), back to the point of beginning. Also, the North /South Service Drive located in the Plat of River Bend Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the Northeast corner of Lot 46, Plat of South Bend (Original Town); thence South (212.09 feet), (212.10' Plat); thence East 40.16' (feet), (40' Plat), to the Southwest corner of Lot 5, Plat of River Bend Addition to the City of South bend; thence North 212.06 (feet), (21206' Plat) to the Northwest corner of Lot 5; thence West 40.04' (feet), (40.00 Plat), back to the point of beginning. Also Lot 5, Plat of River Bend Addition to the City of South Bend, Portage Township, St. Joseph County, Indiana. More particularly described as follows: Beginning at the Northwest corner of Lot 5; thence South 212.06'; (feet), (212.06 Plat) to the southwest corner of Lot 5; thence East 128.02' (feet), (127.52" Plat), to the Southeast corner of Lot 5; thence North 211.99' (feet), (211.96' Plat) along the West R/W line of South St. Joseph Street to the Northeast corner of Lot 5; thence West 127.80' (feet), (127.67' Plat), along the South R/W line of East Washington Street, back to the point of beginning. An easement located in the Northwest Quarter of Section 12, Township 37 North, Range 2 East. A permanent easement located in the 95' (foot) right -of -way of St. Joseph street, for construction, maintenance and use as a pedestrian tunnel beneath St. Joseph Street, connecting the College Football Hall of Fame and the Century Center. Part of the parcel of land as shown on the plat of River Bend Addition to the City of South Bend, St. Joseph County, Indiana, which is recorded in Plat Book 31, Page "R" in the Office of the Recorder of St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast corner of Lot 5, River Bend Addition to the City of South Bend; thence South 32.95' (feet) along the West R/W line of St. Joseph Street to the point of beginning; thence east 30' (feet) in St. Joseph Street; thence South 8' (feet); thence East 65' (feet) to the East R/W line of St. Joseph thence South 60' (feet) along the East R/W line of St. Joseph Street; thence West 65' (feet) in St. Joseph Street; thence South 8' (feet); thence West 30' (feet), to the West R/W line of St. Joseph Street; thence North 76' (feet); back to the point of beginning. Century Center A tract of land in the Northwest Quarter (1/4) Section 12 Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at a point of the East line of St. Joseph Street 96.25' South of the centerline of Jefferson Boulevard; REGULAR MEETING NOVEMBER 10, 1997 thence N 00o 24' 52" W on and along the East line of St. Joseph Street 757.60' to the PC of a 615.46' radius curve to the left; thence continuing on and along the East line on said 615.46' radius curve, a chord distance of 213.76' bearing N loo 24' 52" W an arc distance of 214.84' to the PT of said curve; thence continuing on and along said East line of said St. Joseph Street on a bearing of 200 24' 52" W a distance of 32.551; thence N 310 13' 38" E, a distance of 49.29' to the South line of Colfax Avenue; thence N 890 39' 38" E on and along the South line of Colfax Avenue a distance of 96.09 feet to a point on the West water's edge of the St. Joseph River; thence Southerly and Easterly along said West water's edge of the St. Joseph River; a distance of 85.19/; thence S 450 30' 56" W, a distance of 33.16 '; thence S 370 25' 58" E, a distance of 3.871; thence S 510 28' 27" W, a distance of 22.701; thence S 42o 29" 3' E, a distance of 17.391; thence S 340 46' 56" W, a distance of 2.91'; thence S 130 59' 36" E, a distance of 6.45'; thence S 140 29' 46" E, a distance of 83.42 feet; thence S 460 48' 33" W a distance of 93.841; thence S 420 04' 22" E. a distance of 62.17; thence S 48o 02' 48" W, a distance of 15.03'; thence Southerly and Easterly along a retaining wall a distance of 450.61; thence S 710 30' 02" E, a distance of 124.871; thence S 600 55' 27" E, a distance of 146.451; thence S 420 27' 53" E, a distance of 129.18 "; thence S 740 24' 32" E, a distance of 111.26' to a point on the North line of Jefferson Boulevard, the last four courses being along the West water's edge of the St. Joseph River; thence 890 40' 07" W, a distance of 106.00; thence N 00 19' 53W, a distance of 1.25 feet to the PC of a 360.81' radius curve to the left; thence on and along said 360.81' radius curve to the left a chord distance of 316.42 bearing S 630 39' 42" W, an arc distance of 327.551; thence S 890 38' 4211, a distance of 405.06' to the East line of St. Joseph Street, said point being the place of beginnings. Said tract containing 282,700 square feet (6.72 acres) more or less. Stanley Coveleski Stadium A part of the N.E. 1/4 of the S.E. 1/4 of Section 11, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and described as follows: Beginning at a point on the North R.O.W. line of South Street, which point is also the S.E. Corner of Lot 16, Block 10, in part of Vail's S.W. Addition tot he City of South Bend, Indiana, thence Northerly along the East line of Lot 16 and Lot 15 to the N.E. corner of Lot 15, Block 10, in said Vail's S.W. Addition, a distance of 99 feet, more or less; thence westerly along the North line of Lot 15 to the East R.O.W. line of Taylor Street, a distance of 115.5 feet, more or less; thence Northerly along said East R.O.W. line of the S. W. Corner of Lot 12, Block 7 in said Vail's S.W. Addition, a distance of 605.5 feet, more or less, thence Easterly along the South lines of Lot 12 and Lot 4 and said lines extended to the East R.O.W. line of Williams Street, a distance of 311 feet, more or less; thence southerly along said East R.O.W. line to the S.W. corner of Lot 14, Block 8, in said Vail's S.W. Addition, a distance of 113 feet, more or less; thence Easterly along the South line of Lot 14 and said line extended to the N.W. corner of Lot 7, Block 8, in Vail's S.W. Addition, a distance of 129.5 feet, more or less; thence in a Southeasterly direction to a point on the East line of Lot 31, Block 8, in said Vail's S.W. Addition, which point is 24.75 feet North of the S.E. corner of said Lot 31, a distance of 306 feet, more or less; thence Southerly along the East line of Lot 31 to the North R.O.W. line of Monroe Street, a distance of 25 feet, more or less; thence Easterly along said North R.O.W. line to the West R.O.W. line of Lafayette Street, a distance of 179 feet, 1 1 1 REGULAR MEETING NOVEMBER 10, 1997 more or less; thence Southerly along said West R.O.W. line to the North R.O.W. line of South Street, a distance of 492.5 feet, more or less; thence Westerly along said North R.O.W. line to the point of beginning, a distance of 801 feet, more or less. MORRIS CIVIC AUDITORIUM AND PALAIS ROYALE BALLROOM Lot Number Six (6) and a lot or parcel of land twenty -four (24) feet in width, north south, taken off of and from the entire length of the south side of Lot Numbered Five (5), all as shown on the original plat of the City of South Bend, Indiana. STUDEBAKER NATIONAL MUSEUM Lots Numbered Forty -six (46), Forty -seven (47), and Forty - eight (48) as shown on the recorded Plat of Samuel Martin's Addition to the Town, now city of South Bend, recorded in the office of the Recorder of St. Joseph County, Indiana, in Plat Book 3, page 28, together with the East Half (h) of the vacated alley lying West of and adjacent to Lots Numbered Forty -six (46), Forty -seven (47) and (h) of the vacated alley lying North of and adjacent to said Lot Forty -six (46), and Lots Numbered Fifty -eight (58), Fifty -nine (59) and Sixty (60) as shown on the recorded Plat of Samuel Martin's Addition to the Town, now City of South Bend recorded in the Office of the Recorder of St. Joseph County, Indiana, in Plat, Book 3, page 28, together with the West Half (h) of the vacated alley lying East of and adjacent to said lots and together with the South Half (h) of the vacated alley lying North of and adjacent to said Lot Fifty- eight(58); and WHEREAS, the City Clerk caused to be published notice of the adoption and substance of Resolution No. 2519 -97, in accordance with I.C. 5 -3 -1, and naming November 10, 1997, at 7:00 p.m., at the 4th Floor Council Chambers of the County -City Building, South Bend, Indiana, as the date, time and place of the Council's receipt and hearing of remonstrances and objections from persons interested in or affected by the proceeding pertaining to the designation of a Professional Sports Development Area; and WHEREAS, the Common Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Common Council has determined that the qualifications for a Professional Sports Development 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 resolution 2519 -97 designating the area described therein as a Professional Sports Development Area. SECTION II. The Common Council determines that it is of public benefit, and utility to taxpayers to proceed with the establishment of a Professional Sports Development Area as set forth in Resolution 2519097, and that the public health and welfare will be benefitted by the establishment of the Professional Sports Development Area. SECTION III. This Resolution constitutes final action by the Common Council determining the public utility and benefit of establishing a Professional Sports Development Area and confirming Resolution 2519 -97 pertaining to the Professional REGULAR MEETING NOVEMBER 10. 1997 Sports Development Area. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Is/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Hosinski. The motion carried. Richard Nussbaum, City Attorney, indicated this bill had been discussed in committee and at the Council meeting two weeks ago. He advised that tax dollars in this professional sports area will be captured for purposes outlined in the statutes. Jim Cierzniak, 1156 E. Victoria, spoke against this resolution, indicating we have a TIF area entwined with a sports development area. 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. 2523 -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 408 W. INDIANA AVENUE, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND FORM TOOL CO., 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 408 W. Indiana, South Bend, Indiana, and which is more particularly described as follows: LOTS 55, 56 AND 57 STULL 4TH and this property has Key Numbers 18 8027 1122, 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 secs. • 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- 76 et seq. and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Commor L 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 REGULAR MEETING NOVEMBER 10, 1997 Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; (c) the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Js/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Mike Wojtysiak, CPA, made the presentation for the resolution. He reported this company was founded in 1952, and specializes in precision tooling and work for the orthopedic, aircraft and compressor industries. He advised they are presently planning a major expansion, which will allow the company to maintain existing business, and possibly enter into new markets. Council Member Coleman made a motion to recommend this bill to the Council favorable, seconded by Council Member Broden. The motion carried. BILLS, FIRST READING BILL NO. 100 -97 A BILL AMENDING THE ZONING ORDINANCE FOR REGULAR MEETING PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF OLIVE ROAD, BETWEEN THE TOLL ROAD AND OLD CLEVELAND ROAD, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Hosinski made a motion to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Coleman. The motion carried. BILL NO. 101 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO REVISE CERTAIN PROVISIONS GOVERNING ABANDONED VEHICLES This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Safety Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Aranowski. The motion carried. BILL NO. 102 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8723 -96 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1997 AND ENDING DECEMBER 31, 1997 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 and third reading on November 24, seconded by Council Member Varner. The motion carried. BILL NO. 103 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECREASING THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998, AND 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 and third reading on November 24, seconded by Council Member Hosinski. The motion carried. BILL NO. 104 -97 A BILL TRANSFERRING $30,000 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Broden. The motion carried. BILL NO. 105 -97 A BILL APPROPRIATING $130,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 1998 BEGINNING JANUARY 1, 1998 This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Pfeifer. The motion carried. BILL NO. 106 -97 A BILL APPROPRIATING $492,341 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT FOR PROGRAM YEAR BEGINNING JANUARY 1, 1998 1 E] 1 REGULAR MEETING NOVEMBER 10, 1997 This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Coleman. The motion carried. BILL NO. 107 -97 A BILL TRANSFERRING $749,618 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Coleman. The motion carried. BILL NO. 108 -97 A BILL APPROPRIATING $96,000.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SHELTER GRANTS PROGRAM This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Pfeifer. The motion carried. BILL NO. 109 -97 A BILL APPROPRIATING $3,500,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1998 TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Broden made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Pfeifer. The motion carried. BILL NO. 110 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3019 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Varner. The motion carried. BILL NO. 111 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS BROOKMEDE DRIVE FROM THE WEST RIGHT -OF -WAY OF SOUTH IRONWOOD DRIVE TO THE EAST RIGHT -OF -WAY OF EVESHAM COURT FOR A DISTANCE OF APPROXIMATELY 100 FEET IN LENGTH AND A WIDTH OF 60 FEET. PART LOCATED IN TWYCKENHAM HILLS, SECTION "L ", CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on November 24, seconded by Council Member Broden. The motion carried. BILL NO. 112 -97 A BILL AMENDING THE ZONING ORDINANCE FOR REGULAR MEETING NOVEMBER 10, 1997 PROPERTY LOCATED AT 1012, 1014 WESTERN AVENUE, 403, 411, 415, 419, 421 & 425 PARRY STREET, 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 Hosinski. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 8:05 p.m. ATTEST: ATTEST: ty C President 1 1