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HomeMy WebLinkAbout05-10-04 Council Meeting MinutesREGULAR MEETING MAY 10, 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, May 10, 2004, at 7:00 p.m. The meeting was called to order by President Karen L. White and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek Dieter Charlotte Pfeifer Roland Kelly Ann Puzzello David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None OTHERS PRESENT: 1 st District 2nd District 3rd District Vice - President 4th District 5th District 6th District At -Large Chairperson, Committee of the Whole At -Large At -Large President Kathleen Cekanski - Farrand, Council Attorney John Voorde City Clerk Mary Beth Wisniewski Chief Deputy City Clerk Janice I. Talboom Deputy City Clerk 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 April 26, 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 April 26, 2004, meeting 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 RESOLUTION NO. 3325 -04 A RESOLUTIONOF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A VISION AND GUIDING PRINCIPLES DEVELOPED BY THE COMMUNITY FOR A COMPREHENSIVE PLANNING PROCESS CALLED CITY PLAN WHEREAS, the City of South Bend currently lacks a comprehensive plan; and WHEREAS, Stephen J. Luecke, the Mayor of South Bend, has initiated an extensive and inclusive public process to develop City Plan to help coordinate and guide the growth of South Bend over the next 20 years; and WHEREAS, Mayor Stephen J. Luecke has appointed a group of civic leaders, called the Civic Alliance, to oversee this comprehensive planning process; and WHEREAS, City Plan began with 30 public input and feedback meetings held October 28 - December 11, 2003 and February 8 - February 26, 2004 attended by approximately 1,000 people from the South Bend community; and REGULAR MEETING MAY 10, 2004 WHEREAS, at these public meetings the participants expressed aspirations for the kind of community South Bend will be in 20 years; and WHEREAS, the Civic Alliance, with support from the Division of Community Development, have taken the ideas gathered from the public and crafted a Vision for the South Bend community which City Plan will help the community achieve; and WHEREAS, the City Plan process and document will follow certain Guiding Principles; and WHEREAS, the Common Council finds this Vision for the community and these Guiding Principles for City Plan to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend to adopt the Vision which is the culmination of Phase I of the City Plan process and which describes South Bend in 2025, the language of which is as follows: ENVISION SOUTH BEND IN 2025 .... South Bend is a vibrant, caring city. Residents and government celebrate our diversity and vitality. Together, we nurture our educational, social, cultural, natural, human and economic resources. Our city government dedicates itself to civic engagement with open, effective dialogue among citizens and governing bodies. We enjoy a high quality of life enriched through our achievements of ethnic and racial harmony, volunteerism, philanthropy, and just and equal access to economic and social opportunities. We are a center of learning. Our excellent schools and world -class institutions of higher education, engaged with the community, prepare our youth to compete in the 21st century. We are a community that fosters entrepreneurship, and attracts and retains competitive businesses by continually investing in our work force and technology. We are a city of safe and unique neighborhoods with diverse housing choices. We have a built environment that embraces our historic heritage while facilitating progressive design and land use, utilizing modern infrastructure. We have a dynamic downtown that is a hub for housing, commerce and government, and a regional destination for culture, arts and entertainment. We have an excellent transportation system that offers alternative modes of transport, provides accessibility throughout the community, values pedestrians, and is integrated locally and regionally. We are proud stewards of the natural environment, preserving the St. Joseph River as a valuable resource and cherishing our parks and plentiful green spaces. Section II. It is in the best interest of the City of South Bend to adopt the City Plan Guiding Principles. The City Plan Guiding Principles were developed by the Civic Alliance in conjunction with City Plan staff and are the basic rules or truths that are paramount to guiding the success of the plan. They define the nature and scope of City Plan. The City Plan Guiding Principles are as follows: CITY PLAN GUIDING PRINCIPLES III I �J 1 1 REGULAR MEETING MAY 10, 2004 Collaborative City Plan should adopt an open and collaborative approach to decision - making, respecting cultural diversity and encouraging widespread and informed public participation, and partnerships involving all sectors of the community. Strategic City Plan should be strategic in nature and establish priorities to maximize available resources to address community assets and needs. Context City Plan should recognize and address the city's context and role within the region. It must acknowledge the comprehensive plans of neighboring communities. Sustainability City Plan should ensure the health and longevity of the residents of the city by including policies and strategies that are environmentally sensitive and innovative. Evaluation City Plan should have a built -in process to update the plan while providing a means of measuring the implementation of its strategies. Flexibility City Plan should provide a methodology to recognize change and incorporate the means for modifying and updating its content. Identity City Plan should demonstrate a commitment to preserving the city's unique history to enhance its identity. Economic Base City Plan should foster the preservation and expansion of the City's tax base. Section III. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Attest: s /John Voorde, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the ; rh day of T_, 2 60 ,-1 , at : Co o'clock 4-1— m. s /Janice Talboom, Deputy City Clerk Approved and signed by me on the 41 day of , 2 oval, at _y o'clock m. s /Stephen J. Luecke, Mayor, City of South Bend, Indiana 3 REGULAR MEETING MAY 10, 2004 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. Mayor Stephen J. Luecke, 1400 County -City Building, South Bend, Indiana made the presentation for this bill. Mayor Luecke stated that City Plan is the community's vision for South Bend. He indicated that in Section I of the Resolution is the culmination of Phase I of the City Plan process and describes South Bend in the year 2025. He stated that in Section II of the City Plan are the Guiding Principles that were developed by the Civic Alliance in conjunction with the City Plan staff and are the basic rules or truths that are paramount to guiding the success of the plan itself. They define the nature and scope of City Plan. A Public Hearing was held on the Resolution at this time. The following individuals spoke in favor of this bill. Mr. Wayne Curry, Chairman, Civic Alliance, Member of the Economic Development Commission, (No Address Given) spoke regarding this bill. Mr. Curry stated that South Bend is a community that fosters entrepreneurship, and attracts and retains competitive businesses by continually investing in our work for and technology. Ms. Ann Powers, 117 Napoleon Blvd., South Bend, Indiana, spoke regarding this bill. Ms. Powers stated that she is the Chairperson of the Arts, Culture and Education Committee of the Civic Alliance and believes that the City Plan is a wonderful instrument in allowing our downtown area to thrive. She stated that we have a dynamic downtown that is a hub for housing, commerce and government, and a regional destination for culture, arts and entertainment. Mr. Arnold Sallie, 16194 Baywood Lane, Granger, Indiana, spoke regarding this bill. He indicated that he is a member of the Transportation Panel of the Civil Alliance. Mr. Sallie stated that South Bend has an excellent transportation system that offers alternative modes of transport, provides accessibility throughout the community, values pedestrians, and is integrated both locally and regionally. Councilmember Varner reflected on the vision statement for the year 2025. He encouraged citizens to participate in the City Plan. John Swanson, 1321 W. Washington Street, South Bend, Indiana, informed the Council that he believes that a City Wide Youth Center that is open 24 hours for people to play basketball should be a part of the City Plan. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman 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. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole, presiding. 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 4 REGULAR MEETING MAY 10, 2004 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 who 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. 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. 9 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY AT 505 WEST KERN ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember White made a motion to strike this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa reported that the Zoning and Annexation Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. REGULAR MEETING MAY 10, 2004 Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area and `B" Residential, "B" Height and Area to `B" Residential, "B" Height and Area to allow a senior living campus. The current existing land use is vacant. Located to the north is an office zone "PHC" Professional Health Care and a retirement center zone `B" Residential, `B" Height and Area. To the south is a single family home zoned "A" Residential, "A" Height and Area and vacant land zoned `B" Residential, `B" Height and Area. To the east is an apartment complex zoned `B" Residential, `B" Height and Area. To the west are single family homes zoned "A" Residential, "A" Height and Area. Access to the site is from Ironwood Drive. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 19.6 acres. Of that, the buildings will occupy 1.42 acres, or 7.4 percent of the site. Parking and drives will occupy 3 acres, or 15.6 percent of the site. Open space will occupy 15.2 acres, or 77 percent of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard area are present. The site plan is preliminary. The City Engineer made the following comments: they had concerns about drainage and the number of access points onto Ironwood Dr. The petitioner has contacted their office and made changes to the site plan to address these concerns. In 1997, the site received a favorable recommendation from the APC and was approved by the council for a rezoning to `B" Residential for a senior campus and independent /assisted living. That rezoning has expired. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. This site is bordered on three sides by multi - family zoning, and a similar use (St. Paul's Retirement Community) is across Inwood Road. In the staff's opinion, this is an appropriate located for this zoning and use in the City. Mr. Robert Gummer, NCSRB, AIA, President, PDC Midwest, Inc., 700 Walnut Ridge Drive, Hartland, Wisconsin, made the presentation for this bill on behalf of the property owner, Extendicare Health Services, Inc. 4940 Blazer Parkway, Dublin, Ohio. Mr. Gummer advised that the property to be rezoned is located at the Southeast intersection of Ironwood Road and Inwood Road. The petitioner is requesting that the property be rezoned from "A" Residential and `B" Residential; "A" Height and Area to "B" Residential; `B" Height and Area. Mr. Gummer stated that the proposed use of the property is for a Senior Living Campus. The initial phase of development shall be for an assisted living facility. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an 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 Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 18 -04 PUBLIC HEARING 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 Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. 1 REGULAR MEETING MAY 10, 2004 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area and "CB" Community Business to allow for a self -serve car wash and a small retail center. The existing land use is vacant. Located to the north are single - family homes and a private club zoned "A" Residential, "A" Height and Area and a fire station zoned "C" Commercial, "A" Height and Area. To the south are singe - family homes and vacant land zoned "A" Residential, "A" Height and Area. To the east are single - family homes zoned "A" Residential, "A" Height and Area. To the west is a fuel mart zone "C" Commercial, "F" Height and Area and a commercial use zoned "C" Commercial, "E" Height and Area. Access to the site if from Prairie Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 2.76 acres. Of that, the building will occupy 15,900 square feet, or 13.4 percent of the site. Parking and drives will occupy 1.75 acres, or 63.2 percent of the site. Open space will occupy .65 acres, or 23.4 percent of the site. A check of the Agency's maps indicated that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. This site is adjacent to current commercial uses and is along major city street. Although this site is also adjacent to residential land, developing to the standards of the new ordinance will greatly increase the amount of screening and buffering between this commercial development and any current or future residential development. Mr. Bernard Feeney, 715 South Michigan Street, South Bend, Indiana, representing Mr. Robert Stephens, Member, Woodhaven LLC, 510 W. Jefferson, Mishawaka, Indiana, made the presentation for this bill. Mr. Feeney advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area District and "C" Commercial "A" Height and Area District to "C" Commercial "A" Height and Area District and "CB" Community Business District. The property south to be rezoned is located approximately 195 ft. Northeast of the intersection of Prairie Avenue and Olive Street (Locust Road) on the Southerly side of Prairie Avenue in the City of South Bend, Indiana. The rezoning is requested to allow for a self serve car wash and retail center. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an 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 Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 416 W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Puzzello made a motion to strike this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING MAY 10, 2004 BILL NO. 29 -04 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF MAIN STREET, LAFAYETTE BLVD., AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY, US 20/31 BY -PASS David Varner, Chairperson, Public Works and Property Vacation Committee, reported that this Committee met this afternoon regarding this bill and sends it to the full Council with no recommendation. Councilmember Kelly made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Council Attorney Kathleen Cekanski - Farrand read into the record the amendment to this substitute bill. She indicated that in Section V, to remove the words (land- locked) and replace with the word (affected.) Councilmember White made a motion to amend this substitute bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Michael D. Hardy, Attorney, Barnes & Thornburg, 100 N. Michigan St., made the presentation for this bill. Mr. Hardy advised that the vacation is necessary in order to facilitate the development of a 430,000 square foot retail center. Over fifty (50) acres will be involved in the development with the bulk of the adjacent properties being in various stages of purchasing. The development agent has entered into an agreement with the Redevelopment commission, and as a result there will be roll dates for move out and vacation closures. 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. Gary Gilot, Director of Public Works, 1316 County -City Building, South Bend, Indiana, spoke regarding this bill. Mr. Gilot addressed the cross access easement agreements as necessary to serve affected parcels including specifically Maxi's restaurant. Mr. Steve Court, (No address given), stated that he is part of owner of Maxi's Restaurant. Mr. Court informed the Council that 85% of his patrons use Main Street to enter the parking lot for the restaurant. Mr. Court indicated that as long as the cross access easement agreements address this concern, he does not opposed the vacation. There being no one else present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Puzzello made a motion for favorable recommendation to full Council concerning this bill as substituted and amended. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 26 -04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW FUND TO BE KNOWN AS THE SOUTH BEND RAINY DAY FUND ( #102) REGULAR MEETING MAY 10, 2004 Councilmember Coleman informed the Council that this bill will be continued until the May 24, 2004 meeting of the Council, therefore, Councilmember Varner made a motion to continue this bill until the May 24, 2004 meeting. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner 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. ATTE hn orde, City Clerk ATTEST: 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 7:48 p.m. Council President Karen L. White presided with nine (9) members present. BILLS — THIRD READING ORDINANCE NO. 9506 -04 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST INTERSECTION OF IRONWOOD ROAD AND INWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9507 -04 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion pass this bill as substituted. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9508 -04 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF MAIN STREET, LAFAYETTE BLVD., AUTEN STREET AND HOOVER STREET, NOW KNOWN AS HOMER AVENUE, SOUTH OF IRELAND ROAD, WEST OF MICHIGAN STREET AND NORTH OF THE ST. JOSEPH VALLEY PARKWAY, US 20/31 BY -PASS REGULAR MEETING MAY 10, 2004 This bill had third reading. Councilmember Coleman made a motion to consider the substitute as amended version of this bill. Councilmember Kuspa 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 and amended. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3326 -04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5111 OLDS AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARCO AND RAMONA KYLE WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating a certain area within the City as a Residentially Distressed Area for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5111 Olds Ave South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 5111 Olds Avenue Lot 109, 110, 111 Portage Gardens 18- 2224 -8383 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 se g., 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; 10 REGULAR MEETING MAY 10, 2004 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 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. 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 secs. 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. s/Karen L. White Member of the Common Council Mrs. Ramona Kyle, 1816 N. O'Brien Street, South Bend, Indiana, made the presentation for this bill. Mrs. Kyle advised that she and her husband seek to develop a single family dwelling at 5111 Olds Avenue of approximately 2,600 square feet with three bedrooms and two and one half baths. The home will be built on a full basement with an attached garage. The total estimated dollar value of the home and land is $152,000.00. A Public Hearing was held on the Resolution at this time. 11 REGULAR MEETING MAY 10, 2004 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. RESOLUTION NO. 3327 -04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREA WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1105 FRANCES STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SEMION AND NATALIA LYANDRES 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 1105 Frances Street, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1105 Frances Street Lot 1 of Notre Dame Avenue 18 -5105 -3671 Minor Subdivision 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 purpose 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. 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: or 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; ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently 12 [1 U 1 REGULAR MEETING MAY 10, 2004 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 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. 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 seo. 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. s/Karen L. White Member of the Common Council Mr. Semion Lyandres, 1615 E. Wayne Street, South Bend, Indiana, made the presentation for this bill. Mr. Lyandres advised that he and his wife plan to build a single family home of about 2,000 square feet with three to four bedrooms. The home will be built on a full basement with an attached. The estimated dollar value of the new construction will be $250,000.00. A Public Hearing was held on the Resolution at this time. There was 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 13 REGULAR MEETING MAY 10, 2004 BILLS, FIRST READING BILL NO. 31 -04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO CORRECT THE CROSS - REFERENCES IN ARTICLE 12, 13, AND 14; TO AMEND ARTICLE 2, RESIDENTIAL DISTRICTS TO ALLOW PUBLIC PARKS, ACTIVE, AS ALLOWABLE USES IN THE SINGLE FAMILY AND TWO FAMILY AND MULTIFAMILY ZONING DISTRICTS; TO AMEND ARTICLE 8 SPECIAL REGULATIONS, SECTION 21 -08.02 SPECIAL REGULATIONS FOR CONTROLLED USES; AND TO AMEND ARTICLE 7 GENERAL REGULATIONS, SECTION 21- 07.03(F) OFF - PREMISE SIGNS This bill had first reading. Councilmember Kelly 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. 32 -04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 7 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING BUDGET, SALARY, PURCHASING, APPROPRIATIONS AND FINANCIAL REPORTING PROCEDURES This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 14, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 33 -04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ARTICLE 18 OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE TO SET FEES FOR VEHICLE INSPECTIONS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 24, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 34 -04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH INDIANA, AUTHORIZING THE MAYOR AND OR CONTROLER OF THE CITY OF SOUTH BEND TO MAKE TEMPORARY LOANS TO MEET CURRENT RUNNING EXPENSES OF VARIOUS FUNDS OF THE CITY IN ANTICIPATION OF AND NOT IN EXCESS OF CURRENT TAXES LEVIED IN THE YEAR 2003, AND COLLECTABLE IN THE YEAR 2004, AUTHORIZING THE ISSUANCE OF 14 1 1 REGULAR MEETING MAY 10, 2004 TEMPORARY LOAN TAX ANTICIPATION TIME WARRANTS TO EVIDENCE SUCH LOANS AND THE SALE OF SUCH WARRANTS AND APPROPRIATING AND PLEDGING THE TAXES TO BE RECEIVED IN SUCH FUNDS TO THE PAYMENT OF SUCH WARRANTS INCLUDING THE INTEREST THEREON This bill had first reading. Councilmember Puzzello made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on May 24, 2004. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. UNIFINISHED BUSINESS COMMENTS BY COUNCILMEMBER COLEMAN —PARC COMMITTEE Councilmember Coleman noted that the Parks, Arts, Recreation and Culture Committee will meet May 24, 2004 for an update on the City Golf Courses. COMMENTS BY COUNCILMEMBER PUZZELLO REGARDING LOW FREQUENCY NOISE Councilmember Puzzello reported back on the Kokomo Hum, low frequency noise. She indicated that Dr. Carson, from the St. Joseph County Health Department has already received this report and is aware of this low frequency noise. Dr. Carson indicated that the hum has only been detected in Kokomo, Indiana. Dr. Carson further noted that if the noise would occur in South Bend or St. Joseph County that it would be investigated. ANNOUNCEMENT OF COUNCIL RETREAT Council President Karen L. White informed that the I" South Bend Common Council Retreat is going to be held on Wednesday, May 12, 2004 at the Indiana University South Bend Administration Building from 3:00 p.m. til 9:00 p.m. COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH CENTER Mr. John Swanson, 1321 W. Washington Street, South Bend, Indiana, spoke regarding the construction of a City Wide Youth Center. Mr. Swanson informed the Council that a Youth Center with basketball facilities should be built and open 24 hours for the youth and adults of the South Bend Area. ACKNOWLEDGEMENT OF BOY SCOUT TROOP #325 TRINITY SCHOOL AT GREENLAWN Council President White acknowledged Boy Scout Troop #325 from Trinity School at Greenlawn. Kevin McShane, Trinity School at Greenlawn was in attendance and was earning his Communication Merit Badge WELCOME SHARON KENDALL, DIRECTOR ECONOMIC DEVELOPMENT Council President White welcomed Sharon Kendall, Director Economic Development. Ms. Kendall stated that she is looking forward to working with Council and thanked them for welcoming her to the City. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Common Council will 15 REGULAR MEETING MAY 10, 2004 be held on Monday, May 24, 2004. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:05 p.m. ATTEST: -..- "--4t —,..e hn orde, City Clerk 16 ATTEST: aren L. White, President 1