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HomeMy WebLinkAbout03-08-04 Council Meeting Minutes REGULAR MEETING MARCH 8, 2004 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, March 8, 2004, at 7:00 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 David Varner 5th 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: None OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk REPORT FORM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the February 18, 2004 and February 23, 2004 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub-Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the February 18, 2004 and February 23, 2004 meetings of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS WELCOME TO BOY SCOUT TROOP #173 - GRACE UNITED METHODIST CHURCH Council President White welcomed Boy Scout Troop #173 from Grace United Methodist Church and thanked them for attending the Council Meeting. WELCOME TO BOY SCOUT TROOP #451 - CHRIST THE KING CATHOLIC CHURCH Council President White welcomed Boy Scout Troop #451 from Christ the King Catholic Church and thanked them for attending the Council Meeting. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:38 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole,presiding. -1- REGULAR MEETING MARCH 8, 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 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. 3-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING FOR PROPERTY LOCATED AT 234 TONTI STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa made a motion at the request of the petitioner to continue this bill until the April 26, 2004 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. -2- REGULAR MEETING MARCH 8, 2004 Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Puzzello made a motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: 411 _ _ fib: =j \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 in the Council chambers on the fourth floor of the County-City Building at 7:38 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9492-04 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 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9493-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 04-29 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1020/1022 S. WEBSTER -5- 1 REGULAR MEETING MARCH 8, 2004 Councilmember Kuspa made a motion to continue this bill until the March 22, 2004 meeting of the Council. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3308-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 515 WEST IRELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5)YEAR PERSONAL PROPERTY TAX ABATEMENT FOR LOCK JOINT TUBE, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 515 West Ireland Road, South Bend, Indiana, and which is more particularly described as follows: A parcel of land located in the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E. 1/4) of Section Twenty-Six (26), Township Thirty-Seven (37) North, Range Two (02) East of the Second (2nd) Principal Meridian and all being in Center Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26); thence South 90'- 00'-00" West (Bearing derived from description shown in Title Commitment 9501843 ) as issued by St. Joseph Title Corp.), along the south line of the Southeast Quarter (S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being along the centerline of a public road now known as Ireland Road, a distance of 400.00 feet; thence North 01°- 30'-47" East, parallel with and 400.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of said Section Twenty-Six (26), a distance of 40.01 feet to the Point of Beginning of this description, said point of beginning being on the north right of way line of said Ireland Road and also being the southwest corner of a parcel conveyed to Roger R. Atwell and Eleanor Atwell as described in Quit Claim Deed No. 9416618; thence South 90°- 00'-00" West, along said north right of way line of Ireland Road and being parallel with and 40.00 feet north of the south line of the Southeast Quarter(S.E. 1/4) of the Northeast Quarter(N.E. 1/4) of said Section Twenty-Six (26), a distance of 891.36 feet to a point on the west line of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being the southeast corner of a parcel conveyed to Louanne Osborne as described in Warranty Deed 9326881; thence North 00°- 58'- 55" East, along the west line of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26) and also being along the east line of said parcel conveyed to Louanne Osborne and also along the east line of a parcel conveyed to Transit Mix, Inc. as described in Warranty Deed 9018257, a distance of 955.26 feet to a point which is South 00 °- 58'-55" West -- 314.00 feet from a stone found at the northwest corner of the Southeast Quarter(S.E.1/4) of the Northeast Quarter(N.E.1/4) of said Section Twenty-Six (26); thence North 89°- 42'-44" East, along the south line of two (02) parcels conveyed to Miles Laboratories, Inc. as described in Warranty Deed 7903212 and Warranty Deed 8501215, a distance of 1270.41 feet to a point on the west right of way line of a -6- REGULAR MEETING MARCH 8, 2004 BILL NO. 13-04 PUBLIC HEARING ON A BILL 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 Kuspa, Chairperson, Zoning &Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with a favorable recommendation. Council Attorney Kathleen Cekanski-Farrand noted that this bill was before the Council and approved at the February 9, 2004 meeting. She further noted that it was not necessary to send this bill back to the Area Plan Commission due to a scrivener's error in the legal description. Mr. Richard Deahl, Attorney, Barnes & Thornburg, 100 North Michigan, South Bend, Indiana, made the presentation for this bill on behalf of The Madison Center. Mr. Deahl noted that this rezoning was approved by the South Bend Common Council on Monday, February 9, 2004, however it was discovered that there was a scrivener's error in the legal description. Mr. Deahl stated that this bill is submitted with the corrections to the legal description. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given the opportunity to be heard. 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 for favorable recommendation to full Council concerning this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED "STUN GUN REGULATIONS" Councilmember White made a motion to hear the substitute version of this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, Health&Public Safety Committee, reported that this committee met this afternoon on the substitute bill and voted to send it to the full Council with a favorable recommendation. Sgt. Scott Ruszkowski, President, Fraternal Order of Police Lodge#36, South Bend Police Department, 2437 Inglewood Ct. South Bend, Indiana, and Mrs. Ann Puzzello, 4th District Councilmember, 1515 E. Washington, South Bend, Indiana, made the presentation for this bill. Mrs. Puzzello noted that there are two changes that have been incorporated into the substitute bill. She noted that the 1st change affects Sec. 14-35 "Definitions"where "stun gun" is defined. Mrs. Puzzello further noted that in light of the 1985 Indiana state law addressing"any mechanism designed to emit an electronic, magnetic, or other type of charge that equals or does not exceed the equivalency of a five (5) milliamp sixty(60) hertz shock", we are recommending that this language be added to the definition and that such devices would not be covered by the -3- ill REGULAR MEETING MARCH 8, 2004 ordinance but rather by the provisions of Indiana Code §35-47-8-2. Mrs. Puzzello noted that the 2nd change affects Sec. 14-38 "Violations and Penalties". It is recommended that they be increased to $250.00 for the 1st violation, $500.00 for the 2nd violation and $1,000.00 for the 3rd violation. Mr. Ruszkowski further addressed the growing safety concerns that focus on the use of stun guns. Mr. Ruszkowski noted that the efficiency rate for stun guns is 95% , with 99% of individuals experiencing an instant incapacity. This compares to a 38% efficiency when firearms are fired. Mr. Ruszkowski stated that in light of many makes and models being made available to the general public, and the potential for police officers to be incapacitated by a civilian with the officer's firearm then left unprotected,he believes that regulations restricting the use of stun guns by civilians are necessary. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Charles Leone, City Attorney, 1400 County-City Building, South Bend, Indiana, spoke in favor of this bill. Mr. Leone noted that on behalf of Mayor Stephen Luecke, the entire administration supports the substitute version of this bill. Mr. Leone further noted that the issues raised by Sgt. Ruszkowski are the same concerns of the administration and therefore they support the bill as written. Ms. Juanita Dempsey, 1200 block South Bend, Indiana spoke in favor of this bill. Ms. Dempsey indicated that this type of weapon puts not only police officer's lives in jeopardy, it puts citizens at risk too. Ms. Dempsey further noted that she supports the police department and the passage of this bill. Ms. Trina Robinson, 1914 Lincolnway West, South Bend, Indiana, President of the Local Chapter of the NAACP. Ms. Robinson stated that if stun guns are so effective, there should never be any claims of excessive force with their use. The following individual spoke in opposition to this bill. Mrs. Rita Kopala, 66559 Ivy Rd., Lakeville, Indiana, spoke opposed to this bill. Mrs. Kopala informed the Council that by passing this bill tonight it is just another example of government taking away an individual's rights. In rebuttal, Councilmember Varner stated that the new law falls short of being effective. He noted that this is not the kind of bill that is going to solve the problem, it will only allow for a civil fine, however, he is supporting the ordinance. Councilmember Pfeifer noted that she wished we lived in a world where there were no guns, and that everyone respected rules and regulations, however that's just not the kind of world we live in. She stated that she will support any kind of new technology or advancement that will lessen any negative interaction between our law enforcement officers and citizens. Councilmember Pfeifer indicated that she will be supporting this ordinance. Councilmember Dieter thanked Sgt. Scott Ruszkowski and Councilmember Ann Puzzello for taking the lead and sponsoring this bill. He further thanked Council Attorney Kathleen Cekanski-Farrand for her time and expertise on this bill. Councilmember Dieter noted that this ordinance will be an effective tool for both sides, trained law enforcement officers as well as citizens. He thanked City Attorney Chuck Leone and Mayor Stephen Luecke for supporting this bill, and stated that he will be supporting this ordinance. -4- REGULAR MEETING MARCH 8, 2004 public street now known as Lafayette Street; thence South 01°- 30'-47" West, along said west right of way line of Lafayette Street and being parallel with and 30.00 feet west of the east line of the Southeast Quarter (S.E. 1/4) of the Northeast Quarter (N.E.1/4) of said Section Twenty-Six (26), a distance of 602.05 feet to the northeast corner of a parcel conveyed to Arthur Fontonelli and as described in Warranty Deed 9335926; thence South 90° - 00'-00" West, along the north line of said parcel conveyed to Arthur Fontonelli and also being along the north line of a parcel conveyed to Arthur Fontonelli as described in Corporate Warranty Deed 9335926, a distance of 370.00 feet to the northwest corner of said parcel conveyed to Arthur Fontonelli ; thence South 0 1°- 30'-47" West, along the west line of said parcel conveyed to Arthur Fontonelli, a distance of 360.00 feet to the Point of Beginning of this description and containing 24.793 Acres, more or less. and which has Key Number 23-1013-0758 as an Economic Revitalization 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 an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to thirty(30) months from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Richard Deahl, Attorney, Barnes &Thornburg, made the presentation for this resolution. Mr. Deal indicated that the project includes the purchase and installation of a high-speed mill, uncoiling and staging equipment, coil feeders, dies welders, scaring units, mill stands, cutting and butting equipment. The total estimated cost of the new equipment will be approximately $1.5 to $4.0 million. Mr. Deal also indicated that the project will create four(4) new permanent jobs within the first year, representing a new annual payroll of$116,000 and will help retain two hundred and forty(242) current jobs, representing a payroll of$8,800,000. -7- REGULAR MEETING MARCH 8, 2004 Mr. Robert Strzelecki, Corporate Controller, Lock Joint Tube, was also present to answer questions. 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. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 04-31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2309, 2315, 2503, 2513, 2525, 2537, 2603, 2310, 2402, 2432, 2502, 2512, 2524, 2536, 2548, 2608 AND 2620 EMERSON FOREST PARKWAY AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODHAVEN, LLC The petitioner was not present on behalf of this bill. Councilmember Coleman made a motion to continue this bill to the March 22, 2004 meeting. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3309-04 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 1309, 1325, 1329, 1405 & 1408 W. WASHINGTON STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION, 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 area commonly known as 1309, 1325, 1329, 1405 and 1408 W. Washington St., South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description:, Key Number: 1309 West Washington Lot "E" SBHF Replat 18-1045-1960.01 1325 West Washington Lot "B" SBHF Replat 18-1045-1955 1329 West Washington Lot "A SBHF Replat 18-1045-1953 1405 West Washington Lot 2 Sarah J Stover's Sub 18-1048-2080.01 1408 West Washington Lot 2 Kirby's Sub Bol 83 18-3075-2964 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 -8- REGULAR MEETING MARCH 8, 2004 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 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. -9- -- REGULAR MEETING MARCH 8, 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, 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. Ms. Charlotte B. Sobel, South Bend Heritage Foundation, Inc., 803 Lincolnway West, South Bend, Indiana made the presentation for this bill. Ms. Sobel advised that the development of these 5 vacant lots will complete this residential neighborhood. Newly constructed affordable houses will be sold to home owners as their primary residence. Ms. Sobel further advised that -10- REGULAR MEETING MARCH 8, 2004 the homes will be approximately 1,036 to 1,200 square feet, one and two stories, two-three bedrooms, two bathrooms, and an attached garage and full basement. The estimated value of the homes will be between$85,000 to $95,000 per lot. The total cost for the new homes is estimated to be $450,000. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 14-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD AND INWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 15-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH APARTMENTS PROJECT), SERIES 2004," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FOURTEEN MILLION AND 00/100 DOLLARS ($14,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on March 22, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 16-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 4, ARTICLE 4, SECTION 4-19, INCREASING INSURANCE REQUIREMENTS FOR AN ARBORIST LICENSE This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on March 22, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -11- REGULAR MEETING MARCH 8, 2004 BILL NO. 17-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE 9243-01 TO INCREASE THE ANNUAL PAY FOR A SOUTH BEND POLICE DEPARTMENT PATROLMAN FIRST CLASS TO $40,000 IN 2005 AND TO ADJUST HEALTH INSURANCE CONTRIBUTIONS OF ALL MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT IN 2005 This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Health and Public Safety Committee and the Personnel and Finance Committee and set it for Public Hearing and Third Reading on March 22, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEAST OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME Mr. Cierzniak, 1156 E. Victoria St., South Bend, Indiana, stated that the PSDF is state income tax money which South Bend, Fort Wayne, Evansville, and Indianapolis are allowed to capture/retain for local tourist attractions. Its genesis was the building of Conseco Fieldhouse in Indianapolis. The build Indiana Fund was used to pay on the principal of the $17.95 million -12- REGULAR MEETING MARCH 8, 2004 bond issue which paid for the Hall and exhibits, in 1998 $500,000 was paid. The bond payments from South Bend property taxes on the $17.45 million after the Build Indiana payment, began in 2001. The annual payment is approximately$1.4 million and runs for 17 years. Total cost: approximately$23.8 million. COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he would like to see a community center open 24 hours a day. Mr. Swanson stated that people could go and play basketball and sports all day. He further noted that the center should have three courts for basketball, one for boys, one for girls and one for adults. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will be held on Monday, March 22, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:05 p.m. ATTEST: ATTEST: John Voorde, City Clerk Karen L. White, Preside t { -13-