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HomeMy WebLinkAbout01-26-04 Council Meeting Minutes REGULAR MEETING JANUARY 26, 2004 Be it remembered that the Common Council of the City of South Bend, Indiana met in at the Century Center(Recital Hall) on Monday January 26, 2004, at 6:00 p.m. The meeting was called to order by Council President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Vice-President Ann Puzzello 4th District Ervin Kuspa 6th District Sean Coleman At- Large Chairperson, Committee of the Whole Al "Buddy"Kirsits At-Large Karen L. White At-Large President Absent: David Varner 5th District OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk 1 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 January 12, 2004 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the January 12, 2004 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3287-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING CONRAD F. DAMIAN FOR HIS YEARS OF SERVICE ON THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. WHEREAS, the South Bend Common Council notes that the Urban Enterprise Association of South Bend, Inc., coordinates efforts to create jobs and revitalize blighted conditions within an area designed by the Council as the Urban Enterprise Zone; and -1- REGULAR MEETING JANUARY 26, 2004 WHEREAS, the Common Council recognizes that Conrad F. Damian was first appointed to serve on the Urban Enterprise Association as a resident representative in mid-1984; and WHEREAS, the Council further recognizes that shortly thereafter, Conrad F. Damian was elected the Chairperson of the Urban Enterprise Association of South Bend, Inc., a position which he has held for the past 19.5 years; and WHEREAS, in addition to helping to enhance, revitalize and encourage business and neighborhood development within the enterprise zone through partnerships, incentives offered through Title 6 of the Indiana Code;job creation has been a top priority of the UEA; and WHEREAS, under the leadership of Conrad F. Damian, the Urban Enterprise Association of South Bend, Inc. and with able guidance of Director Pam Meyer, such programs as the Sample Street Business Complex which is a full service, not-for-profit business incubator; the Zone Resident Employment Program which is designed to provide many levels of assistance to zone residents seeking employment; and the Neighborhood Grant Program which provides money to non-profit organizations to address housing, human service, and neighborhood development goals are just some of the many successful UEA programs making a difference. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors Conrad F. Damian for his dedicated leadership and more than twenty (20) years of service on the Urban Enterprise Association of South Bend, Inc. Section II. The Common Council commends Conrad F. Damian for his many contributions to the South Bend community, which include being a 34-year resident of South Bend's Southeast Neighborhood; organizing the first Southeast PAC which was one of the earliest neighborhood organizations; assisting in the 1st organized neighborhood clean-ups; and his many contributions in leading many zone applications through the process for funding. Section III. The Common Council wished Conrad F. Damian continued good fortune and success as he continues his teaching career at Washington High School and encourages him to stay actively involved in our community in the years ahead. 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. s/Derek D. Dieter, First District s/David Varner, Fifth District s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District s/Roland Kelly, Third District s/Sean Coleman, At Large s/Ann Puzzello, Fourth District s/A1 "Buddy"Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski-Farrand ATTEST: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Pam Meyer, Director Division of Community Development and Executive Director of the Urban Enterprise Association made the presentation for this Resolution by reading it in its entirety and presenting it to Lee Slavinskas, Vice-Chairperson, Urban Enterprise Association, who accepted the Resolution on behalf of Conrad F. Damian. Mr. Slavinskas thanked the Council and was greatly honored to accept this Resolution for Mr. Damian. Mr. Slavinskas commended Mr. Damian for his great leadership and dedication to the Urban Enterprise Association. Mr. Slavinskas stated that the one thing that he admired most was Conrad's insight to get the job done. -2- REGULAR MEETING JANUARY 26, 2004 Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3288-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING POLICE CORPORAL DEREK D. DIETER FOR HIS TWENTY (20) YEARS OF DEDICATED SERVICE AS A DISTINGUISHED MEMBER OF THE SPECIAL WEAPONS AND TACTICS TEAM OF THE SOUTH BEND POLICE DEPARTMENT WHEREAS, the South Bend Common Council is proud to honor Corporal Derek D. Dieter who has served with distinction as a member of the Special Weapons and Tactics Team for the past twenty(20) years, the longest tenure of any South Bend Police Office on SWAT; and WHEREAS, the Common Council recognizes that Corporal Derek D. Dieter has served as SWAT Team Leader for ten (10) years, and in that capacity he has helped develop programs where SWAT members become a highly trained, self-motivated group of professional police officers who are called upon in high risk situations to combat the "war on drugs", to suppress street gangs and other illegal activities, while utilizing responsible response techniques aimed at bringing a resolution to such critical incidents which threaten the public health and safety of our community; and WHEREAS, the Common Council recognizes that during his twenty(20) years of SWAT service, Corporal Dieter participated in over six hundred (600) SWAT call outs in which no police officer was seriously hurt and where deadly force was not used in resolving many of these life and death situations; and WHEREAS, the Common Council recognizes the special tactical training of the members of SWAT are done in light of the latest tactics and operations training in police work as SWAT works in conjunction with the National Tactical Officer Association (NTOA), the Indiana Association of Hostage/Crisis Negotiators (IAHCN), the Indiana SWAT Officer Association, Inc. (ISOA), the International Association of Chiefs of Police, the FBI, and many other organizations dedicated to provide professional training for this elite group of police officers. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors Police Corporal Derek D. Dieter for his twenty(20) years of dedicated service and leadership on the Special Weapons and Tactics Team of the South Bend Police Department. Section II. The Common council commends Derek D. Dieter for his decision to "retire" from SWAT so that he can focus more of him time on the needs of the citizens of the 1st Councilmanic District and to working closely with his new colleagues on the South Bend Common Council. { Section III. The Common Council believes that Corporal Dieter's exemplary service on the Special Weapons and Tactics Team of the South Bend Police Department has brought the highest of honors to himself, the South Bend SWAT team, and to our entire community. 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. -3- REGULAR MEETING JANUARY 26, 2004 s/Charlotte D. Pfeifer, Second District s/Ervin Kuspa, Sixth District s/Roland Kelly, Third District s/Sean Coleman, At Large s/Ann Puzzello, Fourth District s/Al "Buddy"Kirsits, At Large s/David Varner, Fifth District s/Karen L. White, At Large s/Kathleen Cekanski-Farrand ATTEST: s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor Councilmember Puzzello made the presentation for this Resolution by reading it in its entirety and presenting it to Derek D. Dieter. Derek thanked the Council for this great honor and noted that the Resolution will hang in the 1st District Council Office on the 4th Floor of the County- City Building. Derek proudly accepts this Resolution not only for himself but for the dedicated officers who have served and are currently serving on the SWAT Team. It's a reminder of their integrity, dedication, and commitment to be a SWAT Team member. SWEARING IN OF CITIZEN STANDING COMMITTEE MEMBERS City Clerk John Voorde swore in three Citizen Members of the Common Council Citizen Standing Committees: Isabel Gonzalez, Health and Public Safety. Catherine Ruszkowski, Health and Public Safety and Personnel and Finance. Mike Keen, Personnel and Finance. APPOINTMENT OF ROLAND KELLY AS A MEMBER OF THE AREA PLAN COMMISSION AND CHARLOTTE PFEIFER AS AN ALTERNATE MEMBER OF THE AREA PLAN COMMISSION Councilmember Coleman made a motion to appoint Councilmember Roland Kelly as a Member of the Area Plan Commission and Councilmember Charlotte Pfeifer as an Alternate Member of the Area Plan Commission. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. 1ST ANNUAL YOUTH COUNCIL UPDATE Andrew B. Jones, 1913 Briar Way, South Bend, IN 46614 gave the 1st Annual Youth Council Update. Mr. Jones updated the Common Council on the activities, initiatives and goals that the Youth Council is striving for. Mr. Jones encouraged the youth of South Bend to stay involved and participate in local government. Mr. Jones stated that on behalf of the Youth Council they look forward toward growth and change for the City of South Bend. SWEARING IN OF CITY DEPARTMENT HEADS Mayor Stephen J. Luecke swore in City Department Heads. MAYOR'S STATE OF THE CITY ADDRESS From 6:30 p.m. to 7:30 p.m. Mayor Stephen J. Luecke presented to the Council the annual State of the City address. A written copy of the Mayor's address is available in the City Clerk's office and on the official City of South Bend website. RECESS Councilmember Coleman made a motion for a five (5) minute recess following the Mayor's presentation. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:45 p.m. Councilmember Kuspa made a motion to resolve into the Committee of the Whole. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Coleman, Chairperson Committee of the Whole, presiding. -4- _ . REGULAR MEETING JANUARY 26,2004 Councilmember Coleman, noted that this is the portion of the meeting in which members of the council meet as the Committee of the Whole in order to hear presentations and public comment on bills that are presented for ordinance consideration. Each bill that will be heard tonight will have a Public Hearing and after the hearing on each bill the committee will vote on the disposition of the bill which typically is sent to the full Council with either a favorable or an unfavorable recommendation. He noted that the South Bend Municipal code requires that the Chairperson describes the procedure for the hearings. The Committee operates in accord with the Council Rules and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are head from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5)minutes for his/her presentation and must also begin by stating his/her name and residential address. With respect to those individuals speaking against, the total time for comments by members of the public speaking against the bill is the amount of time that was used by those speaking in favor of the bill or thirty(30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 81-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE, NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" Councilmember White made a motion to consider the second substituted version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of eight(8) ayes. Councilmember Puzzello made a motion to continue this bill until February 9, 2004 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight ayes. -5- REGULAR MEETING JANUARY 26,2004 BILL NO. 89-03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN U.S. 31 ON THE EAST, IRELAND ROAD ON THE NORTH, THE U.S. 20 BYPASS ON THE SOUTH AND ON THE WEST BY A NORTH/SOUTH LINE RUNNING APPROXIMATELY THREE HUNDRED FIFTY FEET (350') EAST OF THE EASTERN EDGE OF IRELAND ROAD TO THE NORTHERN EDGE OF THE U.S. 20 BYPASS Councilmember Kelly made a motion to consider the substitute version of this bill. Council Member White seconded the motion which carried by a voice vote of eight (8) ayes. Council Member Kuspa reported that the Zoning &Annexation Committee held a Public Hearing on this bill this afternoon and send it to the Council with a favorable recommendation. Jeff Myers, Area Plan Commission, 1805 Hickory Rd., South Bend, Indiana, made the presentation for this bill. Mr. Myers noted that the ordinance proposes to rezone the property from "A"Residential, "A"Height and Area; "C" Commercial, "A"Height and Area; "C-1" Commercial, "A"Height and Area; "D" Light Industrial, "A"Height and Area; and"E"Heavy Industrial;, "C"Height and Area to "CB" Community Business District. He further noted that this rezoning is requested to allow for a retail and service shopping center and related uses. This being the time heretofore set for Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bill Schalliol, City of South Bend Department of Community and Economic Development spoke in favor of this bill. He stated that this location is appropriate for the "CB" Community Business District. The "CB"District requires more stringent development standards, such as landscaping and architectural standards, while allowing the big box types of developments that are currently being contemplated for the south side of the city. There was no one present wishing to speak in opposition to this bill. Councilmember Kelly made a motion to send the substituted version of this bill to the full Council favorably. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 1-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CHANGING THE TITLE AND PURPOSE OF FUND NUMBERS 305, 315 AND 328 WITHIN THE BUDGET OF THE CIVIL CITY OF SOUTH Councilmember Dieter reported that the Personnel and Finance Committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial &Program Management, Department of Community and Economic Development made the presentation for this bill. Ms. Leonard noted that this ordinance would allow for the change of names for several funds (305, 315, and 328) which used • to hold debt service reserve monies for retired bonds. These funds will not be used to accommodate the new SBCDA bond proceeds and debt service reserves for both the SBCDA 2003 bonds and the 2003 Airport bond. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. -6- REGULAR MEETING JANUARY 26, 2004 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion to send this bill to the full council favorably. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes BILL NO. 2-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $24,800.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion to continue this bill until the February 9, 2004 meeting of the Council and send it to the Parks, Recreation, Cultural Arts & Entertainment Committee. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kelly made a motion to rise and report to the full Council. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: ATTEST: I John oorde, City Clerk Sean Coleman, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened at the Century Center(Recital Hall) at 7:59 p.m. Council President Karen L. White presided with eight (8) members present. BILLS, THIRD READING ORDINANCE NO. 9483-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; (OMAR M. ABUHILAL 52423 PORTAGE ROAD, SOUTH BEND, INDIANA 46628) This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9484-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN U.S. 31 ON THE EAST, IRELAND ROAD ON THE NORTH, THE U.S. 20 BYPASS ON THE SOUTH AND ON THE WEST BY A NORTH/SOUTH LINE RUNNING APPROXIMATELY THREE HUNDRED FIFTY FEET (350') EAST OF THE EASTERN EDGE OF IRELAND ROAD TO THE NORTHERN EDGE OF THE U.S. 20 BYPASS -7- REGULAR MEETING JANUARY 26, 2004 This bill had third reading. Councilmember Coleman made a motion to entertain the second substitute version of this bill as was heard in the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion for the passage of second substitute Bill No. 89-03. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9485-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CHANGING THE TITLE AND PURPOSE OF FUND NUMBERS 305, 315 AND 328 WITHIN THE BUDGET OF THE CIVIL CITY OF SOUTH This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3289-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1337 CLAYTON DR. RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COSIMO RULLI WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1337 Clayton Dr., South Bend, Indiana, and which are more particularly described as follows: Lot 71 Garland Woods 2nd Sec. and with Key Number 23-1019-1132, be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. -8- REGULAR MEETING JANUARY 26, 2004 Section II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845-97, which was passed on December 8, 1997. A. The area is comprised of parcels that are either unimproved or contain only(1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings: or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection)will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five(5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. -9- REGULAR MEETING JANUARY 26,2004 SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5)years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. s/Karen L. White Member of the Common Council • Mr. Andy Place, 18360 St. Line Rd., South Bend, Indiana,made the presentation for this bill on behalf of the petitioner Mr. Cosimo Rulli. Mr. Place stated that the home that is going to be constructed will be approximately 1800 square feet and will have three bedrooms, 2 1/2 baths, attached garage and a full basement. The total cost of the home is estimated at $180,000. 00. A Public Hearing was held on the Resolution at this time. Councilmember Dieter asked Mr. Place what the property taxes were on this home. Mr. Place did not know at this time, but offered to get that information to Councilmember Dieter. There being no one present wishing to speak to the Council either in favor or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3290-04 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 4011 AND 4005 RIVERSIDE DRIVE, 2645, 2655 AND 2656 W. HOLLAND ST., 1723 AND 1803 SOUTH PHILLIPA ST., 1912, 1916, 1920,2006, 2010,2014,2018,2022,2209,2117,2113,2109,2105,2101, 1915 AND 1911 SOUTH WABASH ST. 1708 AND 1712 SOUTH TAYLOR ST., AND 2002 PROSPECT ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G &M PROPERTIES WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 4011 and 4005 Riverside Drive, 2645, 2655, and 2656 W. Holland St., 1723 and 1803 South Phillipa St., 1912, 1916, 1920, 2006, 2010, 2014, 2018, 2022, 2209, 2117, 2113, 2109, 2105, 2101, 1915 and 1911 South Wabash St., 1708 and 1712 South Taylor St., and 2002 Prospect St., South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: Dev. Area 4011 Riverside Dr. Lot 279 Riverside Manor Sub 25-1011-0451 No 4005 Riverside Dr. Lot 280 Riverside Manor Sub 25-1011-0452 No -10- REGULAR MEETING JANUARY 26, 2004 2002 Prospect Dr. Lot 291 Homeland 3rd Addition 18-8106-4022 *SEDA 2645 W. Holland St. Lot 705 &E1/2. Vac Alley W&Adj Summit P1 3rd Addition 18-4029-1044 No 2651 W. Holland St. Lot 703 & E 18.98' Lot 704 Summit Place 3rd Addition 18-4029-104601 No 2655 W. Holland St. Lot 700 Summit P1 3rd Addition 18-4029-1049 No 1708 S. Taylor St. S %z Lot 38 Gary Land Company 18-8029-1171 *SEDA 1712 S. Taylor St. S %z Lot 38 Gary Land Company 18-8029-1172 *SEDA 1912 S. Wabash St. Lot 172 Homeland 2nd 18-8103-3903 *SEDA 1916 S. Wabash St. Lot 173 Homeland 2nd 18-8103-3904 *SEDA 1920 S. Wabash St. Lot 174 Homeland 2nd 18-8103-3905 *SEDA 2006 S. Wabash St. Lot 175 Homeland 2nd 18-8103-3906 *SEDA 2006 S. Wabash St. Lot 176 Homeland 2nd 18-8103-3907 *SEDA 2010 S. Wabash St. Lot 177 Homeland 2nd 18-8103-3908 *SEDA 2014 S. Wabash St. Lot 178 Homeland 2nd 18-8103-2909 *SEDA 2018 S. Wabash St. Lot 179 Homeland 2nd 18-8103-3910 *SEDA 2022 S. Wabash St. Lot 180 Homeland 2nd 18-8103-3911 *SEDA 2209 S. Wabash St. Lot 206 Homeland 2nd 18-8105-3975 *SEDA 2117 S. Wabash St. Lot 210 Homeland 2nd 18-8105-3967 *SEDA 2113 S. Wabash St. Lot 211 Homeland 2nd 18-8105-3965 *SEDA 2109 S. Wabash St. Lot 212 Homeland 2nd 18-8105-3963 *SEDA 2105 S. Wabash St. Lot 213 Homeland 2nd 18-8105-3961 *SEDA 2101 S. Wabash St. Lot 214 Homeland 2nd 18-8105-3959 *SEDA 1915 S. Wabash St. Lot 222 Homeland 2nd 18-8103-3992 *SEDA 1911 S. Wabash St. Lot 223 Homeland 2nd 18-8103-3991 *SEDA 1723 S. Phillipa Lot 103 SB Industrial Add 18-8096-3682 *SEDA 1803 S. Phillipa Lot 103 SB Industrial Add 18-8096-3681 *SEDA * Sample Ewing Development Area be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq ., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et sea., 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: -11- REGULAR MEETING JANUARY 26, 2004 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) -12- REGULAR MEETING JANUARY 26, 2004 calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly,Chairperson,Community and Economic Development Committee,reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Michael Urbanski, 17874 S. R. 23, South Bend, Indiana made the presentation for this bill. Mr. Urbanski stated that he proposes to build twenty-seven(27)single family homes. Each will be approximately 1,036 square foot, one story home with two-three bedrooms, two bathrooms, a detached garage and a full basement. The total cost for each new home is estimated between $90,000 and$100,000. Mr. Urbanski further noted that these homes are similar to the model home located on the northeast corner of Ewing and Dorothy St. He further noted that the property taxes are approximately$2,400.00 a year. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution,Councilmember Kelly made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 04-11 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 6103 AND 6140 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. BILL NO. 04-12 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 4217 CHERRY POINTE DRIVE, 4435 WHITEFEATHER -13- REGULAR MEETING JANUARY 26, 2004 DRIVE, 4401 WHITEFEATHER DRIVE (OR 4025 CHERRY POINTE DRIVE), 4444 WHITEFEATHER DRIVE(OR 4002 BRICK ROAD),4434 WHITEFEATHER DRIVE, 4426 WHITEFEATHER DRIVE, 4418 WHTEFEATHER DRIVE, AND 4410 CHERRY POINTE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT INC. Councilmember Coleman made a motion to combine these bills for purposes of Public Hearing. Councilmember Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. • RESOLUTION NO. 3291-04 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 6103 AND 6140 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 6103 and 6140 Bridgeton, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 6103 Bridgeton Lot#20 Kensington Farms Estates 23-1054-320104 6140 Bridgeton Lot#27 Kensington Farms Estates 23-1054-320106 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea., for tax abatement. -14- REGULAR MEETING JANUARY 26, 2004 SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection)will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be -15- REGULAR MEETING JANUARY 26,2004 designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council RESOLUTION NO. 3292-04 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 4217 CHERRY POINTE DRIVE, 4435 WHITEFEATHER DRIVE, 4401 WHITEFEATHER DRIVE (OR 4025 CHERRY POINTE DRIVE), 4444 WHITEFEATHER DRIVE (OR 4002 BRICK ROAD), 4434 WHITEFEATHER DRIVE, 4426 WHITEFEATHER DRIVE, 4418 WHTEFEATHER DRIVE, AND 4410 CHERRY POINTE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 4217 Cherry Pointe Drive, 4435 Whitefeather Drive,4401 Whitefeather Drive (or 4025 Cherry Pointe Drive), 4444 Whitefeather Drive(or 4002 Brick Road), 4434 Whitefeather Drive, 4426 Whitefeather Drive, 4418 Whitefeather Drive, and 4410 Cherry Pointe Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 4217 Cherry Pointe Dr. Lot#18 Harvest Pointe 25-1013-020733 4435 Whitefeather Dr. Lot#29 Harvest Pointe 25-1013-020812 4401 Whitefeather Dr. Lot#33 Harvest Pointe 25-1013-020808 or 4025 Cherry Pointe* -16- REGULAR MEETING JANUARY 26, 2004 4444 Whitefeather Dr. Lot#34 Harvest Pointe 25-1013-020802 or 4002 Brick Road* 4434 Whitefeather Dr. Lot#35 Harvest Pointe 25-1013-020803 4426 Whitefeather Dr. Lot#36 Harvest Pointe 25-1013-020804 4418 Whitefeather Dr. Lot#37 Harvest Pointe 25-1013-020805 4410 Cherry Pointe Dr. Lot#38 Harvest Pointe 25-1013-020733 * designates corner lots which may have one or the other street address be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or -17- REGULAR MEETING JANUARY 26, 2004 F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection)will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. • E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five(5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. The Common Council pursuant to Section 2-84 of the South Bend Municipal Code finds the five (5) years is the appropriate and rational time period for this tax abatement. -18- REGULAR MEETING JANUARY 26, 2004 SECTION XI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee conducted Public Hearings on these bills this afternoon and voted to send them to the full Council with favorable recommendations on both. Mr. Scott Johnston, 5802 Miami, South Bend, Indiana, representing the Hickey Group, made the presentation for these Resolutions. Mr. Johnston noted that these homes are single family ranch-style homes,approximately 1,500 and 1800 square feet.,with three bedrooms,two baths,a basement and attached garage. The total project cost is anticipated to be $1,280,000. A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion to adopt Bill No. 04-11. Councilmember Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. Council Member Coleman made a motion to adopt Bill No. 04-12. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3293-04 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 6037 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JASON P. & AUDREY R. BOWLES WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 6037 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#18 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320102, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1,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 -19- REGULAR MEETING JANUARY 26, 2004 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or • C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection)will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. -20- REGULAR MEETING JANUARY 26, 2004 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five(5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnston further noted that this project will help further develop the City's south side by bringing new families to the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. -21- REGULAR MEETING JANUARY 26, 2004 RESOLUTION NO. 3294-04 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 6042 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ANTHONY J.&KIM M. SIMERI WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 6042 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lots #166 & #167 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320108,be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1,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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied -22- REGULAR MEETING JANUARY 26, 2004 or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection)will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five(5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. -23- 1 REGULAR MEETING JANUARY 26, 2004 SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,00. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnston further noted that this project will help further develop the City's south side by bringing new families to the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Council Member Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. RESOLUTION NO. 3295-04 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6043 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ELIZABETH L. MENCIAS WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 6043 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#19 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320103, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. -24- REGULAR MEETING JANUARY 26, 2004 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. -25- 1 REGULAR MEETING JANUARY 26, 2004 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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 IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,00. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnston further noted that this project will help further develop the City's south side by bringing new families to the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Council Member Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. -26- REGULAR MEETING JANUARY 26, 2004 RESOLUTION NO. 3296-04 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 6146 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH S. & SANDRA K. PANZICA WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 6146 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#24 Kensington Farms, Sec 4, Part II and with Key Number 23-1050-320103, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq.,and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS,the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, 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 Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed 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 that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or -27- REGULAR MEETING JANUARY 26, 2004 ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area(plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and 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 V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. 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 VIII. 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. -28- 1 REGULAR MEETING JANUARY 26, 2004 SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2,the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from$160,000 to $275,00. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnston further noted that this project will help further develop the City's south side by bringing new families to the area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Council Member Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight(8) ayes. BILLS - FIRST READING BILL NO. 4-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1020 HIGH STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Puzzello made a motion to entertain the substitute version of this bill as on file in the City Clerk's Office. Council Member Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Puzzello made a motion to send this bill to the Area Plan Commission and refer it to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 23, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 5-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (1) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING STANDING COMMITTEES OF THE SOUTH BEND COMMON COUNCIL This bill had first reading. Councilmember Coleman made a motion to refer this bill to the • Council Rules Committee and set for Public Hearing and Third Reading on February 9, 2004. Council Member Puzzello seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS -29- REGULAR MEETING JANUARY 26, 2004 REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on January 20, 2004: BILL NO. 100-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LINDEN AVENUE AND CLEMENS STREET, CONSISTING OF APPROXIMATELY 12.35 ACRES IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 9, 2004. Councilmember Dieter seconded the motion which carried by a voice vote of eight(8) ayes. BILL NO. 101-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20, IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, SOUTH BEND, INDIANA. Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on February 9, 2004. Councilmember Dieter seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY KENNETH MARKS CONCERNING FIRE COLLEGE Mr. Kenneth Marks, President I.A.F.F. Local #362 South Bend Firefighters Association, 1122 South Main St., P. O. Box 3581, South Bend, Indiana, 46619 invited the Council to attend Fire College. Mr. Marks stated that the purpose of Fire College would be to give the members of the South Bend Common Council the opportunity to see first hand what the job of a Fire Fighter is like. The Fire College is scheduled for March 11th and 12th 2004. Mr. Marks noted that they would like to have at least four members from the Council and would need a reply by February 18, 2004. Mr. Marks thanked the Council for this opportunity and looks forward to working with them at Fire College. ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Council will be held on Monday, February 9, 2004, at the regular meeting location, 4th Floor of the County-City Building, 227 W. Jefferson Boulevard at 7:00 p.m. ADJOURNMENT There being no further business to come before the Council, President White adjourned the -30- REGULAR MEETING JANUARY 26 , 2004 ATTEST: ATTEST: 7/6/?.../-Liet. v�. John Voorde Karen L. White, Presid nt { ii -31-