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HomeMy WebLinkAbout08-12-96 Council Meeting MinutesREGULAR MEETING Be it remembered that the Common Bend met in the Council Chambers Monday, August 12, 1996, at 7:00 order and the Pledge to the Flag ROLL CALL Present: Absent: AUGUST 12, 1996 Council of the City of South of the County -City Building on p.m. The meeting was called to was given. Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 July 22, meeting 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 July 22, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. SPECIAL BUSINESS RESOLUTION 2391 -96 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 Clay TOWNSHIP 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 Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 27.1 acres of land, located in Clay Township, north of State Road No. 23, west of Ironwood Drive, south of Dunn Road (Hepler Street), east of Willis Avenue; contiguous with the City of South Bend twenty -six percent (26 %) of its aggregate external boundaries coinciding with the boundaries of the City of South Bend; approximately ninety -six percent (96 %) subdivided; with a resident population density of excess of three (3) persons per acre; and commercially and residentially zoned. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the REGULAR MEETING AUGUST 12, 1996 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 Clay Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within 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 A public hearing was held on the resolution at this time. Larry Magilozzi, assistant director of planning, made the presentation for the resolution. He indicated this was an area of 29 acres and surrounding right -of -way, with no single family homes; Public REGULAR MEETING Works and Public Safety, as Commissioners, have approve, sewer line will be extended to the area. Dave cherrone employee of the Clay townsh annexation would adversly e department. Council Member resolution, seconded by Cou: was adopted by a roll call REPORT OF CITY OFFICES Bert Prawat, assistant Investigation Bureau. police officer and two the origin, the police have increased the numl year. fire He is fire offi per o Council Member Coleman made Committee of the Whole, sec The motion carried. COMMITTEE OF THE WHOLE AUGUST 12, 1996 well as the Water Works htis fiscal plan. He indicated the 200 feet in order to provide service 53712 Pinehurst, indicated he was an p Fire Department, and felt that fect employment on the fire Luecke made a motion to adopt this cil Member Coleman. The resolution ote of nine ayes. chief, gave a report on the dicated the Bureau consists of one ighters; the firefighters determine er obtains evidence. He said they investigations they handle every motion to resolve into the .ed by Council Member Zakrzewski. Be it remembered that the Co on Council of the City of South Bend met in the Committee of the Whole at 7:26 p.m. with nine members present. Chairman Washington presiding. BILL NO. 52 -96 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 CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) This being the time heretofo above bill, proponents and o be heard. Council Member Za substitute bill on file with Member Luecke. The motion c reported that the Zoning and bill and recommended it to t Magliozzi, assistant directo for the bill. He indicated right -of -way which is a new Pinehurst, asked to know the this property. Andy Henning of the Clay Fire Department, Council Member Luecke made a Council favorable, as amende Coleman. The motion carried 'e set for public hearing on the ponents were given an opportunity tc :rzewski made a motion accept the the City Clerk, seconded by Council .rried. Council Member Zakrzewski Annexation Committee had met on this .e Council favorable. Larry of planning, made the presentation he substitute bill included all tate law. David Cherrone, 51723 reason why the City was annexing ield, 53269 Catalina, Ct., a member spoke against this annexation. motion to recommend this bill to the , seconded by Council Member BILL NO. 38 -96 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 601 BLAINE AVE. IN THE CITY 0 SOUTH BEND, INDIANA Council Member Luecke made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 43 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1936 LEER ST., IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofo: above bill, proponents and o] be heard. Council Member Za] substitute bill on file with Member Varner. The motion ci reported that the Zoning and -e set for public hearing on the >ponents were given an opportunity to : rzewski made a motion accept the the City Clerk, seconded by Council Lrried. Council Member Zakrzewski Annexation Committee had met on this 1 1 REGULAR MEETING AUGUST 12, 1996 bill and recommended it to the Council favorable. John Byorni, Area Plan, reported that the petitioner was requesting this rezoning to allow the construction of a single family residence. He indicated the property is presently zoned "C" commercial. He reported that the Area Plan Commission gave this rezoning a favorable recommendation. Rick Hanna 705 E. Altgeld, the petitioner, made the presentation for the bill. He indicated he planned to buy this property and build a home on it, therefore it was necessary to have the property rezoned. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Coleman. The motion carried. BILL NO. 46 -96 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 501 WEST COLFAX AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Council Member Zakrzewski made a motion to continue this bill indefinitely, at the request of the petitioner, seconded by Council Member Coleman. The motion carried. BILL NO. 49 -96 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 221 EAST SOUTH 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 Coleman made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Zakrzewski. The motion carried. Council Member - -- Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He indicated the building was Queen Ann style, located on a corner lot. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 90 -93 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21 -117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED HISTORIC PRESERVATION COMMISSION Council Member Zakrzewski made a motion to continue this bill until September 9, seconded by Council Member Varner. The motion carried. BILL NO. 21 -96 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW PHC PROFESSIONAL/HEALTH CARE DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity tc be heard. Council Member Zakrzewski made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, indicated this an Area Plan initiated petition, which will provide for a new district - Professional /Health Care District. He reported that this district would provide specific areas for the continued growth of medical related and professional office uses surrounding the City's two major hospitals, as well as other areas in the City. He indicated this would allow for a mix of new and existing buildings which are REGULAR MEETING larger than those allowed Member Broden made a moti AUGUST 12, 1996 in the 110" Office District. Council to recommend this bill to the Council ded by Council Member Kelly. The favorable, as amended, seco motion carried. BILL NO. 45 -96 A BILL OF TH BEND, INDIAN MUNICIPAL CO HALLS AND TO OR BILLIARD AREAS, WITHO SECTION 21 -1 This being the time heretof above bill, proponents and be heard. Council Member Z substitute bill on file wit Member Luecke. The motion reported that the Zoning an bill and recommended it to Area Plan, reported this is to amend the City's zoning halls and to allow them in without the location restri Commission recommended this Fozo, Building Commissioner He reported that his bill d establishment having four o would allow for more entert Zakrzewski made a motion to favorable, as amended, seco motion carried. BILL NO. 59 -96 A BILL TO VA THE STREETS AS E. MILTON OF S. FELLOW S. RUSH STRE E. MILTON ST S. FELLOWS S RUSH ST.; E. WAY LINE. OF WAY LINE OF SOUTH OF E. LINE OF S. F LINE OF S. R RIGHT -OF -WAY RIGHT -OF -WAY SOUTH ALLEY RIGHT -OF -WAY RIGHT -OF -WAY AREA WHICH I: THE FIRST N0: FROM THE NOR' TO THE SOUTH EXCLUDING TR EAST -WEST AL: RIGHT -OF -WAY RIGHT -OF -WAY NORTH OF E. ] STUDEBAKER'S OF SOUTH BEN] THE STREET TI CALVERT ST. 1 RUSH ST. TO ' ST. PART LOC; SOUTH EAST Al INDIANA COMMON COUNCIL OF THE CITY OF SOUTH AMENDING CHAPTER 21 OF THE E TO DEFINE POOL HALLS OR BILLIARD ALLOW FOR THE PROMOTION OF POOL HALLS ALLS IN THE DOWNTOWN AND EAST BANK T THE LOCATIONAL RESTRICTIONS OF (b) re set for public hearing on the pponents were given an opportunity to krzewski made a motion to accept the the City Clerk, seconded by Council arried. Council Member Zakrzewski Annexation Committee had met on this he Council favorable. John Byorni, a Common Council initiated petition, rdinance to define pool or billiard he downtown and East Bank areas tions. He indicated the Area Plan bill to the Council favorable. Don made the presentation for the bill. fines pool and billiard halls as an more tables. He indicated this bill inment area downtown. Council Member recommend this bill to the Council ded by Council Member Coleman. The !ATE THE FOLLOWING DESCRIBED PROPERTY: ,ND ALLEYS TO BE VACATED ARE DESCRIBED ST. FROM THE EAST RIGHT -OF -WAY LINE ST. TO THE WEST RIGHT -OF -WAY LINE OF T; THE FIRST EAST -WEST ALLEY SOUTH OF FROM THE EAST RIGHT -OF -WAY LINE OF TO THE WEST RIGHT -OF -WAY LINE OF S. CALVERT ST. FROM THE EAST RIGHT -OF- FELLOWS ST. TO THE WEST RIGHT -OF- RUSH ST.; THE FIRST EAST -WEST ALLEY ,ALVERT ST. FROM THE EAST RIGHT -OF -WAY LLOWS ST. TO THE WEST RIGHT -OF -WAY 'SH ST.; E. BOWMAN ST. FROM THE EAST LINE OF S. FELLOWS ST. TO THE WEST LINE OF S. RUSH ST.; THE FIRST NORTH - AST OF S. FELLOWS ST. FROM THE NORTH LINE OF E. CALVERT ST. TO THE SOUTH LINE OF E. MILTON, EXCLUDING THAT TERSECTS WITH THE EAST -WEST ALLEY; TH -SOUTH ALLEY EAST OF S. FELLOWS ST. H RIGHT -OF -WAY LINE OF E. BOWMAN ST. RIGHT -OF -WAY LINE OF E. CALVERT ST., T AREA WHICH INTERSECTS WITH THE EY; AND S. RUSH ST. FROM THE SOUTH LINE OF E. BOWMAN ST. TO THE SOUTH LINE OF THE FIRST EAST -WEST ALLEY ILTON ST. PARTS LOCATED IN SECOND AND THIRD ADDITION TO THE CITY INDIANA BE VACATED IS DESCRIBED AS E. ROM THE EAST RIGHT -OF -WAY LINE OF S. HE WEST RIGHT -OF -WAY LINE OF S. HIGH TED IN HENRY STUDEBAKER PARK AND DITION IN THE CITY OF SOUTH BEND, THE STREET TO BE VACATED IS DESCRIBED AS S. 1 1 REGULAR MEETING AUGUST 12, 1996 MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT - OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS FROM THE NORTH RIGHT -OF -WAY LINE OF E. MILTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST INTERSECTING EAST -WEST ALLEY NORTH OF E. MILTON ST. FOR A DISTANCE OF APPROXIMATELY 120 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FROM THE WEST RIGHT -OF -WAY LINE OF S. MARIETTA TO THE EAST LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF S. RUSH ST. FOR A DISTANCE OF APPROXIMATELY 198 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO 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 Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Jim Jasiewicz, a representative of the School Corporation, made the presentation for the bill. He indicated they were petitioning to vacate streets and alleys around the area where we plan to build the new Riley High School. He indicated the vacation would remove the building from the Bowman flood plain, which will provide fewer construction related problems. Gene Oakley, 2614 York, indicated in the last paragraph of this bill the previous petition is going to be rescinded. He asked why the School Corporation is petitioning for this vacation when there is already one in effect. Mr. Jasiewicz, indicated that on the original vacation there was a some of the people were not within 150' were not notified of the vacation. Mr. Oakley asked Council President Kelly if this vacation was being done to correct mistakes. Council Member Zakrzewski made a motion to recommend this bill to the Council favorable, seconded by Member Kelly. The motion carried. Council Member Luecke made a motion to rise and report to the Council, seconded by Council Member Coleman. The motion carried. AeATTES ATTEST: k 7_` Chairman 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 8:40 p.m. Council President Kelly presiding, and nine members present. REGULAR MEETING BILLS. THIRD READING ORDINANCE NO. 8702 -96 This bill had third reading to amend the bill, as amend seconded by Council Member Member Luecke made a motion seconded by Council Member call vote of nine ayes. AUGUST 12, 1996 ORDINANCE OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, 1EXING TO THE CITY OF SOUTH BEND ZTAIN TERRITORY CONTIGUOUS THEREWITH !ATED IN CLAY TOWNSHIP, ST. JOSEPH TNTY, INDIANA (IRONWOOD NORTH 1EXATION) Council Member Luecke made a motion ad in the Committee of the Whole, �oleman. The motion carried. Council to pass the bill, as amended, 2oleman. The bill passed by a roll ORDINANCE NO. 8703 -96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 LEER ST., IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading motion to amend the bill, a Whole, seconded by Council Council Member Coleman made amended, seconded by Counci roll call vote of nine ayes ORDINANCE NO. 8704 -96 AN This bill had third reading motion to amend the bill, a Whole, seconded by Council Council Member Coleman made amended, seconded by Counci roll call vote of nine ayes ORDINANCE NO. 8705 -96 AN CO AS PR This bill had third reading motion to amend the bill, a Whole, seconded by Council Council Member Coleman made amended, seconded by Counci roll call vote of nine ayes ORDINANCE NO. 8706 -96 AN OF C N 21 This bill had third reading to amend the bill, as amend Council Member Coleman made a amended in the Committee of the ember Luecke. The motion carried. a motion to pass the bill, as Member Luecke. The bill passed by a ORDINANCE AMENDING THE ZONING INANCE AND ESTABLISHING AN HISTORIC DMARK FOR THE PROPERTY LOCATED AT 221 T SOUTH STREET, IN THE CITY OF SOUTH D, INDIANA Council Member Coleman made a amended in the Committee of the ember Luecke. The motion carried. a motion to pass the bill, as Member Luecke. The bill passed by a ORDINANCE AMENDING AND SUPPLEMENTING PTER 21, ZONING, OF THE MUNICIPAL E OF THE CITY OF SOUTH BEND, INDIANA, AMENDED, BY ADDING A NEW PHC FESSIONAWHEALTH CARE DISTRICT, AND ING CERTAIN OTHER RELATED REVISIONS Council Member Coleman made a amended in the Committee of the ember Luecke. The motion carried. a motion to pass the bill, as Member Luecke. The bill passed by a ORDINANCE BILL OF THE COMMON COUNCIL THE CITY OF SOUTH BEND, INDIANA, NDING CHAPTER 21 OF THE MUNICIPAL E TO DEFINE POOL HALLS OR BILLIARD LS AND TO ALLOW FOR THE PROMOTION OF L HALLS OR BILLIARD HALLS IN THE NTOWN AND EAST BANK AREAS, WITHOUT LOCATIONAL RESTRICTIONS OF SECTION 18(b) Council Member Luecke-made a motion in the Committee of the Whole, 1 REGULAR MEETING AUGUST 12, 1996 seconded by Council Member Washington. The motion carried. Council Member Luecke made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8707 -96 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREETS AND ALLEYS TO BE VACATED ARE DESCRIBED AS E. MILTON ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH .STREET; THE FIRST EAST -WEST ALLEY SOUTH OF E. MILTON ST. FROM THE EAST RIGHT -OF- WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; THE FIRST EAST -WEST ALLEY SOUTH OF E. CALVERT ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; E. BOWMAN ST. FROM THE EAST RIGHT -OF -WAY LINE OF S. FELLOWS ST. TO THE WEST RIGHT -OF -WAY LINE OF S. RUSH ST.; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. CALVERT ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. MILTON, EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; THE FIRST NORTH -SOUTH ALLEY EAST OF S. FELLOWS ST. FROM THE NORTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. CALVERT ST., EXCLUDING THAT AREA WHICH INTERSECTS WITH THE EAST -WEST ALLEY; AND S. RUSH ST. FROM THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY NORTH OF E. MILTON ST. PARTS LOCATED IN STUDEBAKER'S SECOND AND THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA THE STREET TO BE VACATED IS DESCRIBED AS E. CALVERT ST. FROM THE EAST RIGHT -OF- WAY LINE OF S. RUSH ST. TO THE WEST RIGHT -OF -WAY LINE OF S. HIGH ST. PART LOCATED IN HENRY STUDEBAKER PARK AND SOUTH EAST ADDITION IN THE CITY OF SOUTH BEND, INDIANA THE STREET TO BE VACATED IS DESCRIBED AS S. MARIETTA FROM THE SOUTH RIGHT -OF -WAY LINE OF E. DAYTON ST. TO THE SOUTH RIGHT -OF -WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. DAYTON FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 49.5 FEET; PART LOCATED IN STUDEBAKER'S SECOND ADDITION TO THE CITY OF SOUTH BEND, INDIANA. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH FELLOWS FROM THE NORTH RIGHT -OF- WAY LINE OF THE FIRST EAST -WEST ALLEY SOUTH OF E. BOWMAN ST. TO THE SOUTH RIGHT -OF -WAY LINE OF E. BOWMAN FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF APPROXIMATELY 14 FEET; PART LOCATED IN STUDEBAKER'S THIRD ADDITION TO THE CITY OF SOUTH BEND, INDIANA. REGULAR MEETING WE DI WI Kw. OF FI ST AUGUST 12, 1996 ALLEY TO BE VACATED IS DESCRIBED AS FIRST NORTH -SOUTH ALLEY EAST OF S. LOWS FROM THE NORTH RIGHT -OF -WAY LINE E. MILTON ST. TO THE SOUTH RIGHT -OF- ! LINE OF THE FIRST INTERSECTING EAST- ;T ALLEY NORTH OF E. MILTON ST. FOR A 'TANCE OF APPROXIMATELY 120 FEET AND A )TH OF APPROXIMATELY 14 FEET; PART !ATED IN STUDEBAKER'S SECOND ADDITION THE CITY OF SOUTH BEND, INDIANA. ALLEY TO BE VACATED IS DESCRIBED AS FIRST EAST -WEST ALLEY SOUTH OF E. 'TON FROM THE WEST RIGHT -OF -WAY LINE S. MARIETTA TO THE EAST LINE OF THE :ST NORTH -SOUTH ALLEY EAST OF S. RUSH FOR A DISTANCE OF APPROXIMATELY 198 :T AND A WIDTH OF APPROXIMATELY 14 :T; PART LOCATED IN STUDEBAKER'S :OND ADDITION TO THE CITY OF SOUTH ID, INDIANA. This bill had third reading Council Member Luecke made a motion to pass the bill, seconded by Council Member Washington. The bill passed by a roll call vote of six ayes and three nays (Council Members Varner, Coleman and Hosinski.) RESOLUTIONS RESOLUTION NO. 2392 -96 A TH] CE] BE] DR RE' SI: FO' CO: ESOLUTION OF THE COMMON COUNCIL OF CITY OF SOUTH BEND DESIGNATING TAIN AREAS WITHIN THE CITY OF SOUTH D COMMONLY KNOWN AS 3722 FOUNDATION , SOUTH BEND, INDIANA AN ECONOMIC ITALIZATION AREA FOR PURPOSES OF A (6) YEAR REAL PROPERTY TAX ABATEMENT ALEDO COMPANY, L.L.C. (OWNER) 0-T -D PORATION Whereas, a petition for real property tax abatement consideration has been filed with the Common Council of the City of South Bend requesting that the area commonly known as 3722 Foundation Tucker Drive, South Bend, Indiana, and which is more particularly described as follows: 5.72 acres, irregular tract South side Foundation Court beginning 318.73 feet East and 528.5 feet North of Southwest corner Southeast quarter being lot 6 -5; Airport Industrial Park, phase 3, Section 28 -38E. and which has Key Number 25-1010-040018 an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1-1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Departmen concluded an investigation sufficient for the Common C qualifies as an Economic Re 6 -1.1- 12.1 -1, et seq., and 76, et seq., and has furthe boundaries and such other i question as required by law of Economic Development has .d prepared a report with information ncil to determine that the area talization Area under Indiana Code uth Bend Municipal Code Sections 2- prepared maps and plats showing the ormation regarding the area in 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 Are-. NOW, THEREFORE, BE IT ESOLVED by the Common Council of the City of South Bend, Indiana as follows: 1 I 1 REGULAR MEETING AUGUST 12, 1996 SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements.of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of six (6) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING A public hearing was held or Council Member Coleman repo development Committee had m it to the Council favorable . manager, made the presentat' they planned to construct a their present facility. He they have 60 employees work° expansion will bring new jot Washington made a motion to Council Member Coleman. Th call vote of nine ayes. RESOLUTION NO. 2393 -96 A I A TO AUGUST 12, 1996 /s/ Roland Kelly Member of the Common Council the resolution at this time. ted that the Community and Economic t on this resolution and recommended William Horvath, manufacturing on for the resolution. He indicated 25,000 square foot addition to to indicated that at the present time ng two full shifts, and this s in the future. Council Member adopt this resolution, seconded by resolution was adopted by a roll ESOLUTION OF THE COMMON COUNCIL OF CITY OF SOUTH BEND, INDIANA, ROVING A PROGRAM OF THE CITY OF SOUTH D POLICE DEPARTMENT FOR TAKE HOME ICE VEHICLES FOR PATROL, ESTIGATIVE, CRIME PREVENTION AND DRUG CATION /ENFORCEMENT OFFICERS AND HORIZING THE ACQUISITION BY LEASE OF UFFICIENT NUMBER OF POLICE VEHICLES IMPLEMENT SUCH PROGRAM WHEREAS, the South Bend Police Department has proposed a program whereby South Bend Police patrol, investigative, crime prevention and drug education /enforcement officers would be authorized to South Bend Police Department police vehicles home (Take Home Vehicle Program); and WHEREAS, the Take Home Vehicle Program anticipates a total of 252 take home police vehicles; and WHEREAS, it is determi will allow South Bend Polic effectively to assist citiz emergencies, crimes in prog lost children and adults, a of assistance by off -duty S officers in neighborhoods, and other locations through ed that the Take Home Vehicle Program Officers more easily, safely and ns at accident scenes, medical ess and in the search and location of well as facilitating the provision uth Bend Police Officers to on -duty ommercial centers, sporting events, ut the City; and WHEREAS, it is calcula ed that the additional benefit to the City and its residents of tie Take Home Vehicle Program in the simple presence of patrol v hicles on the streets of the City totals in excess of $5,045,)00; and WHEREAS, it is determi ed that the Take Home Vehicle Program provides the following addi ional benefits to the City: 1. 321% additional po 2. Increased police p to supplement the 3. Increased, quicker 4. Faster response It 5. Increasaed citizen 6. Well maintained an 7. Increased moral an 8. Better Equipped po 9. High visibility in 10. Readiness for resp 11. Increased trade -in 12. Crime preventative 13. More effective com 14. Lower vehicle oper 15. Increased vehicle 16. Significant drop i ice vehicle exposure otection with off -duty officers able n -duty forces criminal apprehensions mes awareness of police protection clean police vehicles job performance ice vehicles the community nse to emergencies value of police vehicles unity oriented policing ting expenses arranty protection] the incidence of preventable 1 1 1 REGULAR MEETING AUGUST 12, 1996 traffic 17. Lower mileage accumulations per police vehicle; and WHEREAS, the Common Council has weighed the benefits of the Take Home Vehicle Program against its drawbacks, including the -- high start -up cost of such a program, the cost of increased fuel usage, and concerns about the need for such a Program and has determined that the benefits far outweigh the drawbacks and that the Take Home Vehicle Program should be implemented in 1996 and funded by the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The Common Council supports and approves a Take Home Vehicle Program for the South Bend Police Department, the exact rules and regulations governing the same to be adopted and implemented by the Police Department. 2. The Common Council supports and approves the acquisition by the City, subject to all applicable public purchasing laws, of a sufficient number of police vehicles to allow the implementation of a Take Home Vehicle program by the Police Department. 3. The Common Council approves the financing of such acquisition through the execution of a lease agreement for the acquisition of equipment essential to the operations of the City; Provided, however, that the terms and conditions of any such lease agreement shall be presented to the Common council for its -- consideration and approval. 4. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ Roland Keller Member, Common Council A public hearing was held on the resolution at this time. Police Chief Gunn made the presentation for the resolution. He indicated that a vote for the Take Home Car Program will be a vote of public safety and law enforcement. He indicated this Program would provide 321% more police vehicle exposure; increased protection with off -duty officers supplementing on -duty officers; increased criminal apprehensions; faster response time; increased citizen awareness of police protection; increased morale, etc. Gene Oakley, 2614 York Rd., indicated he felt this was a wonderful idea. Jim Cierzniak, 1156 Victoria, indicated he supported the resolution. Council Member Washington made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of eight ayes and one nay (Council Member Varner.) BILLS, FIRST READING BILL NO. 60 -96 A BILL ADOPTING A NEW SET OF ZONING MAPS FOR THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 61 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE STREET TO BE VACATED IS DESCRIBED AS PRIORY LANE; FROM THE NORTH RIGHT -OF -WAY LINE OF TOPSWOOD LANE TO DEAD END FOR A DISTANCE OF APPROXIMATELY 155 FEET IN LENGTH AND A WIDTH OF 50 FEET. PART REGULAR MEETING SITUATED IN SOUTH BEND, AUGUST 12, 1996 SFIELD II, PART I IN THE CITY OF IANA This bill had first reading. Council Member Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 62 -96 A BILL AMENDI G THE ZONING ORDINANCE AND ESTABLISHING HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT LE PER PARK, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading.1 Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 63 -96 A BILL AUTHOR $790,000 AGGR DEVELOPMENT R MOUNTAIN, INC INDIANA, THE RICK E. NEWMA CONSTRUCTION, ECONOMIC DEVE WILLIAM RICHA BEND, INDIANA INC.; PROVIDI REVENUES FOR AUTHORIZING A WITH RESPECT RESPECT TO TH SECURE FURTHE AUTHORIZING 0 ISSUANCE OF S ZING THE ISSUANCE OF NOT TO EXCEED GATE PRINCIPAL AMOUNT OF ECONOMIC VENUE BONDS, SERIES 1996 (CRYSTAL PROJECT) OF THE CITY OF SOUTH BEND, ROCEEDS OF WHICH SHALL BE LOANED TO TO FINANCE THE ACQUISITION, INSTALLATION AND EQUIPPING OF AN OPMENT FACILITY LOCATED AT 4044 DSON COURT WITHIN THE CITY OF SOUTH FOR LEASE TO CRYSTAL MOUNTAIN, G FOR THE PLEDGE AND ASSIGNMENT OF HE PAYMENT OF SAID BONDS; BOND PURCHASE AND LOAN AGREEMENT 0 THE BONDS AND LEASE AGREEMENT WITH PROJECT; AUTHORIZING AGREEMENTS TO THE PAYMENT OF SAID BONDS; AND HER ACTIONS IN CONNECTION WITH THE CH BONDS This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 64 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18 7 EAST IRELAND ROAD, SOUTH BEND, INDIANA This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion arried. BILL NO. 65 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; PATRICIA J. ADLER This bill had first reading. Council Member Coleman made a motion to refer this bill to the Zoning and Annexation Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 66 -96 A BILL AMENDI14G THE ZONING ORDINANCE FOR 53 +/- ACRES LOCATED AT THE NORTHWEST QUARTER OF IRELAND ROAD AND LIND13N ROAD IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, 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 Zakrzewski. The motion carried. 1 1 1 REGULAR MEETING AUGUST 12, 1996 BILL NO. 67 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 8269 -92 OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE AMBULANCE /MEDICAL USER FEE AND DEDICATED FUND This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel & Finance Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 68-96,A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $500,000 FROM THE CITY OF SOUTH BEND GENERAL FUND TO THE COLLEGE FOOTBALL HALL OF FAME OPERATING FUND This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel & Finance Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Luecke. The motion carried. BILL NO. 69 -96 A BILL APPROPRIATING $38,000.00 WITHIN THE U.D.A.G. FUND OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROJECT PREDEVELOPMENT COSTS This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 70 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SALE OF PARK PROPERTY This bill had first reading. Council Member Broden made a motion to refer this bill to the Parks and Recreation Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Coleman. The motion carried. BILL NO.-71-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING ORDINANCE NUMBER 8682 -96 This bill had first reading. Council Member Zakrzewski made a motion to refer this bill to the Utilities Committee, and set it for public hearing and third reading on August 26, seconded by Council Member Coleman. The motion carried. BILL NO. 72-96,A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $39,133.00 FROM THE E.M.S. CAPITAL IMPROVEMENT FUND, AND APPROPRIATING $56,667 FROM THE LIABILITY SELF INSURANCE FUND 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 August 26, seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Council, unfinished or new, Council President Kelly adjourned the meeting at 9:50 p.m. ATTEST: AT EST: President