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HomeMy WebLinkAbout10-13-03 Council Meeting MinutesREGULAR MEETING OCTOBER 13, 2003 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, October 13, 2003, 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: James Aranowski 1" District Charlotte Pfeifer 2nd District Roland Kelly 3' District Karl King 4`' District Chairperson, Committee of the Whole David Varner 5`' District Ervin Kuspa 6t' District Sean Coleman At -Large Vice - President Al "Buddy" Kirsits At -Large Karen L. White At -Large President Absent: None OTHERS PRESENT: Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk Chief Deputy City Clerk 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 September 22, 2003 meeting 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 to accept and place on file the minutes of the September 22, 2003 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3250 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP, OLIVE ROAD 3 ANNEXATION AREA -1- REGULAR MEETING OCTOBER 13, 2003 WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 1.62 acres of land containing two single family homes, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 100% contiguous, generally located on the east side of Olive Road at the intersection of Enterprise Drive. It is anticipated that in the future the annexation area may be developed as either commercial or industrial, based on surrounding land uses, which will require a basic level of municipal public services, of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds 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 and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land in the Northeast Quarter of the Southwest Quarter of Section 19, Township 38 North, Range 2 East, St. Joseph County, Indiana described as follows: Beginning at the-southwest corner of Lot "D" of the Olive Road Commerce Park - Second Replat subdivision; thence north 320 feet to the place of beginning of the parcel herein described; thence north along the west line of said Lot "D" 220 feet; thence west 220 feet to the east line of the Olive Road right -of -way, and also being -2- REGULAR MEETING OCTOBER 13, 2003 the city limit line of the City of South Bend; thence south along said right -of -way line and the city limit line of the City of South Bend 320 feet; thence east 220 feet to the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among other things, that existing water mainlines and sewer mainlines will be sufficient to service this area; that street lightning is being provided through a previous annexation; that the Olive Road right -of -way was annexed into the City under a previous annexation and that the widening of Olive Road will necessitate a drainage plan as part of the project. Section IV. 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, South Bend Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Pam Meyer, 17550 White Chapel Court, South Bend, Indiana, made the presentation for this bill. Ms. Meyer advised that this Resolution pertains to a one hundred per cent (100 %) voluntary annexation of 1.01 acres in German Township located at the southeast corner of Olive Road and Enterprise Drive. Two (2) residences on the site will be demolished. Water and sewer are available to the site. Police Department Beat #22 will be expanded to service this area and Fire Department Station #11 will provide fire response. Ms. Meyer noted that the Board of Public Works and the Board of Public Safety approved this Fiscal Plan and the annexation meets all the requirements of state law. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. -3- REGULAR MEETING OCTOBER 13, 2003 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code and advised that Bill No. 62 -03 will be postponed until the October 27, 2003 meeting of the Council at the request of the Petitioner. PUBLIC HEARINGS BILL NO. 73 -03 PUBLIC HEARING ON A BILL 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; OLIVE ROAD 3, 52600 AND 52650 OLIVE ROAD Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Councilmember Coleman made a motion to consider the substitute version of this bill as on file with the City Clerk. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Pam Meyer, 17550 White Chapel Court, South Bend, Indiana, made the presentation for this bill. Ms. Meyer stated that this bill relates to two (2) properties owned by the City which were purchased to remove the last residential properties in the area and to create additional right of way to accommodate the Olive Road widening project. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Note: After the last Public Hearing on the agenda, Councilmember Coleman asked a procedural question. He noted that when he made the recommendation for this bill, he failed to set the bill for Third Reading on October 27, 2003. He stated that he would like to correct that motion to include this information if it is appropriate at this time. Council Attorney Kathleen Cekanski- Farrand advised that at First Reading of this bill on September 8, 2003, it was set for Third Reading on October 27, 2003 and therefore no further action is needed at this time. BILL NO. 61 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this -4- REGULAR MEETING OCTOBER 13, 2003 committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, provided the report from the Area Plan Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "A" Residential, "a" Height and Area to "C" Commercial, "a" Height and Area (Parcel I); "O" Office (Parcel II), and `B" Residential, "a" Height and Area (Parcel III) to allow offices, multi - family, small retail uses and a restaurant. Mr. Myers informed the Council that the property contains a single family home. Located to the north and east are single family homes in the County zoned "R" Residential. To the south is a single family home in the County zoned "R" Residential and commercial uses in the City of South Bend zoned "C" Commercial, "a" Height and Area. To the west are industrial uses in the City zoned "D" Light Industrial, "f' Height and Area. Access to the site is from Portage Road. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 6.05 acres. Of that, the buildings will occupy sixteen per cent (16 %) of the site, parking and drives will occupy thirty -four per cent (34 %) of the site and open space will occupy fifty per cent (50 %) of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer advised that a drainage plan is required at the final site development plan stage. The approach, accel /decel lane design and pavement restoration should be shown on the final site plan. The Area Plan Commission, at its Public Hearing held on September 16, 2003 sent this Petition to the Council with a favorable recommendation subject to a final site development plan and subject to cross - access easements to the south in anticipation of future development. The St. Joseph County /City of South Bend Comprehensive Plan states that satellite commercial areas should be located on major thoroughfares and this rezoning meets this criteria. Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioners, Salah and Cynthia Hilal. Mr. Danch advised that this project involves a mixed use commercial and residential development on the west side of Portage at 4005 Portage Avenue. The site plan breaks the development into three (3) parcels. The southeast corner of the site will contain a small strip center which will take up 1.73 acres of the site. The buildings will occupy about twelve thousand (12,000) square feet which will have small retail and possibly a restaurant. Parking will be placed along the entire perimeter of the existing building. At the northeast corner of the site a building is being proposed that will encompass approximately five thousand (5,000) square feet. This is known as Parcel II for which rezoning to "O" Office is being requested. The building will be the maximum size building that is allowable under that requirement and will be placed toward Portage. The back portion of the property will have approximately forty (40) two (2) story town homes which will be connected to water and sewer. This entire development will have one (1) access point off Portage Road. There will be an ingress /egress easement that will allow access out to Portage. There will be a deceleration/acceleration lane for access along Portage and there will be screening along the entire south boundary and the boundary toward where the "O" Office development will occur. Mr. Danch noted that drainage requirements will be met and will be addressed at the final site plan stage. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. President White seconded the motion which carried by a voice vote of nine (9) ayes. -5- REGULAR MEETING OCTOBER 13, 2003 BILL NO. 74 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT -OF -WAY TO THE SOUTH RIGHT - OF -WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT -OF -WAY TO THE NORTH /SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Anthony M. Zappia, Attorney at Law, 52582 State Road 933, South Bend, Indiana, representing the Petitioners, Hurwich Iron, Accent Indiana and Scott Brothers Construction, made the presentation for this bill. Mr. Zappia stated that the Petitioners concur with the recommendation of the Board of Public Works that all adjacent property owners have access to their property. All of the property owners have joined in the Petition and they will have access to their property. He noted that they will work out an arrangement for ingress and egress with Scott Brothers Construction and they anticipate no difficulty in doing so. The Petitioners also concur that this vacation is subject to any access and utility easements that may be affected. Mr. Zappia noted that Circle Avenue runs in a southerly direction from Washington to the railroad tracks where it dead ends. He further noted that the Petitioners have noticed that a number of vehicles have gone back to this portion of the property and noticed a significant amount of theft, vandalism and dumping of trash and therefore they are requesting this vacation. 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 Coleman made a motion for favorable recommendation to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT -OF -WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA in .1 1 REGULAR MEETING OCTOBER 13, 2003 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Martha Lewis, 308 South Frances Street, South Bend, Indiana, made the presentation for this bill. Ms. Lewis advised that she and her neighbor, Mr. Roy Prince, own the property on either side of this alley which has not been maintained by the City for over fifteen (15) years. She noted that a vehicle cannot get into the alley without driving across private property. She further noted that all utilities are run off of an east /west alleyway that parallels Wayne Street and/or Frances Street and emergency vehicles access through the east /west alleyway parallel to Wayne Street, Frances Street, and Quimby Street. 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 Coleman made a motion for favorable recommendation to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003 (KITE CAPITAL, LLC /ERSKINE VILLAGE PROJECT)" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Coleman made a motion to continue this bill until the October 27, 2003 meeting of the Council at the request of the Petitioner. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 68 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2004 Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Rick 011ett, City Controller, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett stated that this bill is the fifth of five (5) bills relating to the 2004 budget and pursuant to Indiana Code 36 -4 -7 -2 the City's legislative body is required to fix the annual compensation of all elected officials and in this particular case the Mayor and the City Clerk. He advised that the annual compensation shown in this bill reflects the same per cent increase as that for the non- -7- REGULAR MEETING bargaining positions in the City which is four per cent (4 %). OCTOBER 13, 2003 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -03 PUBLIC HEARING ON A BILL APPROPRIATING $132,204 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 - COMMUNITY DEVELOPMENT FUND Councilmember King, 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. Beth Leonard, 1824 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill appropriates dollars to assist in rental assistance for some clients at Madison Center and Aids Ministries /Aids Assist. She noted that these agencies applied to the U.S. Department of Housing and Urban Development and were awarded these grants and the City is handling the administration of the funds. 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 Coleman 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. 78 -03 PUBLIC HEARING ON BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROPRIATING $225,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Ms. Pam Meyer, Director, Community Development Division, made the presentation for this bill. Ms. Meyer stated that they have the opportunity to manage the Weed & Seed Grant Program for the City. This bill appropriates the first years funding of two hundred twenty five thousand ($225,000.00) dollars applied for and received for the improvement and/or activities related to law enforcement and community policing and neighborhood restoration and safe havens in the Weed & Seed area commonly known as the west side neighborhood, LaSalle Park neighborhood and the St. Casimir's neighborhood. REGULAR MEETING OCTOBER 13, 2003 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $48,000 WITHIN THE COUNTY OPTION INCOME TAX FUND (FUND 404) FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE COMMERCIAL CORRIDOR PROGRAM WITHIN THE CITY OF SOUTH BEND Councilmember Aranowski, Chairperson, Personnel and Finance, reported that this committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Ms. Pam Meyer, Division of Community Development, no address stated, made the presentation for this bill. Ms. Meyer advised that they administer the Commercial Corridor Program. The forty -eight thousand dollars ($48,000.00) requested in this bill are funds received from the sale of property on Lincolnway West for the Teachers Credit Union parking area. The funds will be put back into the Commercial Corridor Fund for Lincolnway for further acquisition, demolition and property issues that the committee will decide on in the future. 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. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: Lore to JJ6ud , City Clerk ATTT7Q r- REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council In REGULAR MEETING OCTOBER 13, 2003 Chambers on the fourth floor of the County -City Building at 7:30 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9456 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9457 -03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT - OF -WAY TO THE SOUTH RIGHT -OF -WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT -OF -WAY TO THE NORTH /SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9458 -03 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH /SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT -OF -WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember King 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. -10- 1 1 1 REGULAR MEETING OCTOBER 13, 2003 ORDINANCE NO. 9459 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2004 This bill had third reading. Councilmember Aranowski 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. 9460 -03 AN ORDINANCE APPROPRIATING $132,204 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 - COMMUNITY DEVELOPMENT FUND 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 nine (9) ayes. ORDINANCE NO. 9461 -03 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROPRIATING $225,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9462 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $48,000 WITHIN THE COUNTY OPTION INCOME TAX FUND (FUND 404) FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE COMMERCIAL CORRIDOR PROGRAM WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 03 -107 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 3425 LINCOLN WAY WEST, SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the November 10, 2003 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried. -11- REGULAR MEETING OCTOBER 13, 2003 RESOLUTION NO. 3251 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, 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 1902 S. Main Street and which is more particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PT OF W %2 SW 1/4 SEC 13 -37 -2E CONT 1.94 AC± 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35, 36 &18' VAC BOWMAN ST & 14' VAC ALLEY W & ADJ TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 10 & 11 EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E %2 VAC ALLEY W & ADJ & N %2 VAC ALLEY SO & ADJ BOWMANS 1sT ADD LOTS 18 THRU 22 & E %2 VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD with said real estate having the following Key Numbers 18- 8010 -0451; 18- 8010 - 46601; 18 -8010- 0453; 18- 8011- 048901; 18- 8012 -0567; 18- 8012 - 056701, 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 two (2) calendar years 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 -12- REGULAR MEETING OCTOBER 13, 2003 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 sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Karen L. White Member of the Common Council Mr. John Axelberg, 1501 East Wayne Street, South Bend, Indiana, Vice - President, General Sheet Metal Works, made the presentation for this bill. Mr. Axelberg advised that this project involves the purchase of a five- kilowatt metal processing laser with an automated load/unload system and an eight hundred (800) ton stamping press with a automated feed line. The laser will allow them to expand their capacity and the press will allow them to broaden their product offerings. They anticipate that ten (10) new jobs will be created in the first 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 King 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. RESOLUTION NO. 3252 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1814, 1818, 1821, 1822, 1825, 1826, 1829 AND 1830 S. PHILIPPA STREET AND 2302, 2306, 2310 AND 2314 DELAWARE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH SAVIANO 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 1814, 1818 1821, 1822, 1825, 1826, 1829 and 1830 S. Philippa Street, and 2302, 2306, 2310 and 2314 Delaware Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 1814 S. Philippa St. 1818 S. Philippa St. 1821 S. Philippa St. 1822 S. Philippa St. 1825 S. Philippa St. 1826 S. Philippa St. 1829 S. Philippa St. 1830 S. Philippa St. Legal Description Key Number Lot 68 South Bend Industrial Lot 67 South Bend Industrial Lot 107 South Bend Industrial Lot 66 South Bend Industrial Lot 108 South Bend Industrial Lot 65 South Bend Industrial Lot 109 South Bend Industrial Lot 64 South Bend Industrial -13- 18- 8095 -3639 18- 8095 -3640 18- 8096 -3686 18- 8095 -3640 18- 8096 -3687 18- 8095 -3642 18- 8096 -3688 18- 8095 -3643 REGULAR MEETING OCTOBER 13, 2003 2302 Delaware St. Lot 264 Highland Park 2nd Addition 18- 8098 -3727 2306 Delaware St. Lot 263 Highland Park 21 Addition 18- 8098 -3726 2310 Delaware St. Lot 262 Highland Park 21 Addition 18- 8098 -3725 2314 Delaware St. Lot 261 Highland Park 2nd Addition 18- 8100 -3811 be designated as Residentially Distressed Areas; 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 .; 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: 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 -14- 1 1 1 REGULAR MEETING OCTOBER 13, 2003 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 sea. 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. Joseph Saviano, 18457 Kern Road, South Bend, Indiana, made the presentation for this bill. Mr. Saviano informed the Council that he plans to build twelve (12) residential homes ranging from eight hundred (800) to one thousand (1,000) square feet in size. They will have between two (2) and three (3) bedrooms, kitchen, family room and one (1) full bath. Some will be on a crawl space and some with a full basement with a one (1) car garage. The approximate value of the homes will be seventy thousand dollars ($70,000.00) to seventy five- thousand dollars ($75,000.00) each, making the total project approximately nine hundred thousand dollars ($900,000.00). 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 Varner 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. RESOLUTION NO. 3253 -03 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 2026 S. WILLIAM STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WAYNE AND BARBARA CHEVRIE AND PATRICIA BOYLAN 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 2026 S. William Street, South Bend, Indiana, and which is more particularly described as follows: -15- REGULAR MEETING OCTOBER 13, 2003 Lot 284 and 285 as shown and designated on the plat of D.M. Shivley's Addition to the City of South Bend, Indiana and which has Key Number 18- 8044 -1739 and 18- 8044 -1740, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea.. 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 se .,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 se ., 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 -16- REGULAR MEETING OCTOBER 13, 2003 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. 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 King, 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. J. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the property owners Wayne and Barbara Chevrie and Patricia Boylan. Mr. Feeney advised that this vacant property is located at the northeast corner of William and Donald Streets. It is bounded on the east by Main Street, on the south by Ewing, on the north by Indiana and on the west by Kimble Avenue. The Petitioners propose that these two (2) lots would be joined together to support one (1) single family housing site which will consist of an eight hundred (800) to twelve hundred (1,2000) square foot home with three (3) bedrooms, one (1) or two (2) baths and a detached garage at a later time. -17- REGULAR MEETING OCTOBER 13, 2003 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3254 -03 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 2921 BENT OAK LANE; 2317 AND 2321 OAKBROOK DRIVE; AND 2207, 2208, 2211, 2310, AND 2314 OAKWOOD PARK DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODFIELD DOWNS, 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 2921 Bent Oak Lane; 2317 and 2321 Oakbrook Drive; and 2207, 2208, 2211, 2310, and 2314 Oakwood Park Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: 2921 Bent Oak Lane Legal Description: Lot 20, Oakwood Villas Section Two Key Number: 25- 1004 - 025632 2317 Oakbrook Drive Lot 33, Oakwood Villas Section Two 25- 1004 - 025638 2321 Oakbrook Drive Lot 34, Oakwood Villas Section Two 25 -1004- 025639 2207 Oakwood Park Dr. Lot 23, Oakwood Villas Section One 25- 1004 - 025619 2208 Oakwood Park Dr. Lot 2, Oakwood Villas Section One 25- 1004 - 025605 2211 Oakwood Park Dr. Lot 24, Oakwood Villas Section One 25 -1004- 025620 2310 Oakwood Park Dr. Lot 8, Oakwood Villas Section One 25- 1004 - 025611 2314 Oakwood Park Dr. Lot 9, Oakwood Villas Section One 25- 1004 - 025612 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et sea., 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 sea., 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 se ., for tax abatement. REGULAR MEETING OCTOBER 13, 2003 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 ofBenefits 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. -19- REGULAR MEETING OCTOBER 13, 2003 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 King, 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. Timothy Murray, 51716 Dartmore Drive, Granger, Indiana, Vice President, Woodfield Downs, Inc., owner of the subject properties, made the presentation for this bill. Mr. Murray stated that the Oakwood Villas development started with forty -six (46) lots. To date, approximately thirty -eight (38) lots have been sold with eight (8) lots remaining. The homes that will be built on these remaining lots will average around one hundred forty thousand ($140,000.00) dollars for a total of over $1.1 million. The tax abatement was granted for the remaining lots in this development that were in existence as of July, 1998 and this original abatement has expired. This Resolution is to extend this tax abatement with respect to these remaining lots. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3255 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM WHEREAS, the U.S. Department of Justice has developed a funding mechanism called the Weed & Seed program for local governments to seek resources for various programming within targeted neighborhoods; and WHEREAS, the City of South Bend desires to deliver such eligible services to individuals within three neighborhoods within our community through the U.S. Department of Justice's Weed & Seed Program. -20- REGULAR MEETING OCTOBER 13, 2003 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The City's application to the U.S. Department of Justice for its Weed & Seed Program is hereby authorized with full support of the South Bend Common Council. Section II. The Mayor of South Bend is authorized to execute such documents as may be necessary to secure the program funding described above. Section III. This Resolution shall be in full force and effect after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member, South Bend Common Council Councilmember King, 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. Pam Meyer, Division of Community Development, made the presentation for this bill. Ms. Meyer stated that once designated as a Weed & Seed area there is a five (5) year designation and every year the City can apply for funds. This bill ratifies the application that was submitted on September 5, 2003. Council Attorney Kathleen Cekanski - Farrand offered the following amendment to the bill: New Section III: 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. Councilmember King made a motion to accept this amendment as suggested. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. 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 King made a motion to adopt this Resolution as amended. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3256 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION, THAT THE LEASE OF PROPERTY AT 224 WEST JEFFERSON BOULEVARD, SOUTH BEND, INDIANA, IS NECESSARY FOR USE AS GENERAL OFFICE SPACE WHEREAS, the Board of Public Works of the City of South Bend, Indiana, received a petition on September 24, 2003 signed by fifty taxpayers of the City of South Bend, requesting that the Board lease the office space at 224 West Jefferson Boulevard, South Bend, Indiana, by entering into a lease with Tom Herrman and Associates for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Five Hundred One Dollars ($7,501.00) in the first year; Seven Thousand Six Hundred Fourteen and 39/100 Dollars ($7,614.39) -21- REGULAR MEETING OCTOBER 13, 2003 in the second year; and Seven Thousand Seven Hundred Sixty Eight and 39/100 Dollars ($7,768.39) in the third year; and WHEREAS, on September 24, 2003, the Board of Public Works received a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, before the Board ofPublic Works as "leasing agent" enters into a lease agreement, that the Common Council, as "fiscal body," determine after investigation that the premises are needed, and that the lease amount is reasonable; and WHEREAS, the Board of Public Works has conducted the public hearing required by I.C. 36- 1- 10 -13. BE IT THEREFORE RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2. The Common Council wishes to provide general office space in the proposed location in order to offer the services of the Division of Community Development to the residents of the City. 3. The office proposed to be leased at 224 West Jefferson Boulevard, South Bend, Indiana, contains approximately 7,088 usable square feet of space, which is sufficient to accommodate the activities for which the space is intended. 4. On September 24, 2003, a Petition signed by fifty taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 224 West Jefferson, South Bend, Indiana, by entering into a lease with Tom Herrman and Associates for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Five Hundred One Dollars ($7,501.00) in the first year; Seven Thousand Six Hundred Fourteen and 39/100 Dollars ($7,614.39) in the second year; and Seven Thousand Seven Hundred Sixty Eight and 39/100 Dollars ($7.768.39) in the third year. 5. On September 24, 2003, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and signers of the Petition are taxpayers of property within the corporate limits of the City of South Bend. 6. A proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein, the original of which is located for public inspection at the Office of the Clerk of the Board of Public Works, 13th Floor, County -City Building, South Bend, Indiana. 7. Having considered the presentation and hearing on this Resolution, the Common Council of the City of South Bend hereby finds, pursuant to I.C. 36- 1- 10 -7(2), that the lease of property at 224 West Jefferson Boulevard as general office space is needed, as petitioned by the fifty taxpayers of the City of South Bend, whose signatures were certified by the St. Joseph County Auditor. 8. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. -22- s/Karen L. White Member, South Bend Common Council REGULAR MEETING OCTOBER 13, 2003 Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Pam Meyer, Division of Community Development, made the presentation for this bill. Ms. Meyer advised that this lease relates to the Community Development offices located in the Trigon Building where they have been located for the last three (3) years. This lease begins another three (3) year process and is an annual renewal based on funds being appropriated by the Council. 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 King 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. BILLS - FIRST READING BILL NO. 81 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING CHAPTER 21, ZONING, ARTICLES 1 THROUGH 11 OF THE SOUTH BEND MUNICIPAL CODE (EXCEPT ARTICLE 6.5 AND ARTICLE 8), RENUMBERING THOSE ARTICLES NOT REPEALED AND REPLACING THOSE ARTICLES WHICH ARE REPEALED WITH NEW ARTICLES 1 THROUGH 11 AND INCLUDING THE ADOPTION OF NEW ZONING MAPS This bill had first reading. Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to refer this bill to the Area Plan Commission as substituted. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner 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. 83 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3566 DOUGLAS ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan -23- REGULAR MEETING OCTOBER 13, 2003 Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84 -03 FIRST READING ON A BILL 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 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on November 24, 2003 and Third Reading on December 8, 2003. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 85 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE SOUTH BEND MUNICIPAL CODE CLARIFYING HOLIDAYS FOR CITY OFFICERS AND EMPLOYEES 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 October 27, 2003. Councilmember Kuspa 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 MEETING OF THE ZONING AND ANNEXATION COMMITTEE Councilmember Kuspa announced that the Zoning and Annexation Committee will meet on October 22, 2003 at 3:30 p.m. regarding the updating of the new City zoning ordinance. CITY PLAN MEETINGS Councilmember Pfeifer encouraged citizens to contact the Mayor's office at 235 -9261, the City Clerk's office or their neighborhood association or partnership center for the date, time and location of several meetings that will take place throughout the City that will give residents the opportunity to discuss the City Plan. She noted that citizen input is needed. PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. -24- REGULAR MEETING OCTOBER 13, 2003 ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Council will be held on Monday, October 27, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:55 p.m. ATTEST: ore tt . D , C- y Clerk -25- ATTE T: Karen L. White, Presid t