04-14-80 Council Meeting Minutes

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COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, April 14, 1980, at 7:06 p.m., with nine members present. Chairman Szymkowiak presiding. BILL NO. 3 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER LINDEN AND CLEMENS STREET.) This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Mr. T. Brooks Brademas, the petitioner, made the pre- sentation for the bill. He indicated that Harber Homes was a community tragedy. He said it is going to cost between $350 to $400,000 to rehabilitate these units. He indicated that home steading was not feasible. He said one hundred units of housing for families was going to be allow the City of South Bend. He said that new construction must be multi - family units. He inidcated that Community Development did a site analysis for family dwellings and this site was acceptable. He indicated that the Council had accepted the Housing Assistance Plan, and asked that they follow the mandate of this plan. He asked that the Council make a decision to either pass this or defeat it, but not table the bill. Mr. Charles Howell, 1118 Dewey, spoke in favor of this rezoning. Mr. Peter J. Nemeth, attorney representing the Fat,.- Westside Con- cerned Citizens, indicated they were opposed to this rezoning. He said the residents in the area have a legitimate complaint. He said that nothing has happened -in the last three years regarding the rehabilitation of Harber Homes. He suggested that it be given to the City for disposition under the homesteading program. Mr. John Gleva, 5039 Packard, spoke against this bill. Mr. William Gleva, 5313 Packard, spoke against this rezoning. Frank Beard, 2005 Elwood, Sr. Vice Commander of the V.F.W. 9820, indicated that this post opposed this rezoning. Mrs. Jane Swan, 2022 Swygart, indicated that seventy -five percent of the low income housing was on the west side of Michigan Street. She indicated that the west side did not need anymore of this type of dwelling. Mr. Brademas indicated that the low income families were minorities and most neighborhoods did not want this type of housing. Council Member Dombrowski described the area, indicated that this area was not suitable for multi - family dwellings, due to the railroad tracks, county dump and very busy streets. Council Member Kopczynski indicated this was the third time this rezoning has been brought before the Council. He indicated that Harber Homes should be inspected and if they are substandard they should be treated like any individual home in the CIty. Council Member Kopczynski made a motion to recommend this bill to the Council unfavorable, seconded by Council Member Dombrowski. Council President McGann indicated that until he knew what was going to happen to the entire area, he could not support this rezoning. Council Member Crone indicated that the problem with Harber Homes must be resolved before puttin; in still more units. Council Member Beck indicated that Harber Homes are not for sale so the issue issue of urban homesteading is moot. The motion carried. BILL NO. 17 -80 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHWEST CORNER OF STATE ROAD 23 AND JACOB STREET.) Council Member Crone made a motion to amend the location of this rezoning to the south side of State Road 23, immediately east of Jacob, seconded by Council Member Kopczynski. The motion carried. This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. John T. Leader, a petitioner, made the presentation for the bill. He indicated they planned to build an office building, which would be one story with a basement, on this site. He indicated the ite was approximately one acre and would have fifty -five parking spaces. Karry Kiphart, 1210 Garland, spoke against this rezoning. Council Member Serge made a motion to recommend this bill to the Council favorable, seconded by Council Member Beck. The motion carried. BILL NO. 19 -80 A BILL AMENDING CHAPTER 2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THEINCLUSION OF NEW ARITCLE 6 ENTITLED TAX ABATEMENT. This being the time heretofore set for public hearing on the above bill, proponents and opponent were given an opportunity to be heard. Council Member Voorde, made the presentation for the bill. He indicated that a petition for tax abatement shall be filed with the City Clerk. He indicated that the filed petition would be referred to the Redevelopment Commission for pur- poses of investigation and determing whether the area qualifies, and within thirty days the Redevelopment Commission shall submit the report of its investigation to the Human Resources and Economic Development Committee for review and recommendation to the Common Council. He said the Council may adopt a declaratory resolution, and upon adoption said resolution together with the supporting data, shall be submitted to Area Plan. He indicated that within thirty days the Area Plan Commission shall send its written order approving or disapproving the declaratory resolution. He indicated there were six guidelines the Council will use to deter- mine if tax abatement will be given. He asked that the bill be amended in Section 2 -77 (b) in the second line, change may to shall. Council Member McGann made a motion to amend the bill, seconded by Council Member Serge. The motion carried. Mrs. Jane Swan, 2022 Swygart, asked if tax abatement pertained to just City taxes. Richard Hill, City Attorney, indicated that tax abatement would only be on the improvements, not the land, and both County and City taxes would be abated. Kathy Cekanski - Farrand, Council Attorney, indicated that another amendment should be made to substitute the amended version of the bill for the original bill. Council Member Dombrowski made a motion to accept the amended version of Bill No. 19 -80, seconded by Council Member Crone. The motion carried. Mrs. Farrand indicated this was a workable bill and legally enforceable. Richard Hill spoke in favor of this bill. Mr. Marc Brammer, citizen member of the Human Resources Committee, indicated that time was of the essence in handling tax abatement. He said that periods longer than two months could kill the efforts of a de- veloper. Mrs. Farrand indicated that sample forms for the petition and resolutions would be available in the City Clerk's office, in order to expedite the procedure. Council Member Dombrowski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kopczynski. The motion carried.