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HomeMy WebLinkAbout02-24-03 Council Meeting MinutesREGULAR MEETING FEBRUARY 24, 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, February 24, 2003, at 7:00 p.m. The meeting was called to order by Council President Karen L. White. President White called for a moment of silence to remember Mr. Jon Hunt, Director, Department of Economic and Community Development, Mr. Jim Cole, Battalion Chief with the South Bend Fire Department and Mrs. Joyce Kelly, wife of Councilmember Roland Kelly, who recently passed away. Following this moment of silence, the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: James Aranowski 1St District Charlotte Pfeifer 2nd District Karl King 41h District David Varner 5th District Ervin Kuspa 6th District Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: Roland Kelly 3rd District OTHERS PRESENT: Kathleen Cekanski - Farrand Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Chairperson, Committee of the Whole Vice - President President 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 February 10, 2003 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. REGULAR MEETING SPECIAL BUSINESS FEBRUARY 24, 2003 RESOLUTION NO. 3162 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH AND COMMENDING IVY TECH STATE COLLEGE OF SOUTH BEND FOR THEIR MANY PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the Americans With Disabilities Act was signed into law in 1990 and focuses on providing civil rights protections in employment, public services and transportation, public accommodations and telecommunications; and WHEREAS, the Council further notes that the Americans With Disabilities Act has attempted to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities "; and WHEREAS, the Council notes that Ivy Tech State College of South Bend provides a myriad of services for learning disabled students which include but are not limited to providing access to adaptive computer equipment and software; "Zoom Text" for use by the visually impaired; "Alladin" which provides text magnification; "Dragon Dictate" which is a voice recognition system and permits a student to dictate information to pages without typing; "Bat" which provides one - handed keyboards for either the right or left hand; "Loop -FM Remote" which enhances the voice of a speaker to a student through walkie talkie -like devices; and "Omni 3000" which is a reading machine which highlights and magnifies text; and WHEREAS, Ivy Tech State College of South Bend also provides many support services for learning disabled students which include one -on -one tutoring programs; special lab services; accommodated testing services such as untimed testing in a quiet environment and oral exams; special services for the blind and dyslexic; in -class support and note taking services; accommodated assessment testing; and also makes referrals to area agencies such as the Office of Vocational Rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. For, and on behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March 2003 as "DISABILITY AWARENESS MONTH" in South Bend, Indiana. Section II. The Common Council notes that there have been many advancements made since the Americans With Disabilities Act was passed by Congress in 1990; and wishes to acknowledge in particular some of the many contributions, programs and services currently being offered by IVY TECH STATE COLLEGE OF SOUTH BEND for people with disabilities. i REGULAR MEETING s /James Aranowski, First District s /Charlotte Pfeifer, Second District s /Karl King, Fourth District s /David Varner, Fifth District ATTEST: s /Loretta J. Duda, City Clerk FEBRUARY 24, 2003 s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s/Karen L. White, At Large s/Kathleen Cekanski - Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Varner made the presentation for this Resolution by reading it in its entirety and presenting it to Dr. Virginia Calvin, Chancellor, Ivy Tech State College. Dr. Calvin thanked the Council for this honor and informed the Council that they are always welcome at the college. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak either in favor of or in opposition to this Resolution. Councilmember Pfeifer made a motion to adopt this Resolution by acclamation. Councilmember King seconded the motion which carried and the Resolution was adopted unanimously. RESOLUTION NO. 3163 -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 (THE VILLAS AT LAKE BLACKTHORN II ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Table 2 on page 13 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.81 acres of land containing one (1) house surrounded by vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 20.8% contiguous, generally located on the east side of Orange Road, approximately 700 feet north of Brick Road. This annexation area is intended to be used as a residential subdivision development. Accordingly, the annexation territory 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 storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to REGULAR MEETING FEBRUARY 24, 2003 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 four (4) 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; and 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 PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD; THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1490.76 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, A DISTANCE OF 4957.79 FEET FROM A 1" DIAMETER ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 20.00 FEET TO THE WEST BOUNDARY OF ORANGE ROAD (CURRENTLY 20' HALF RIGHT OF WAY); THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST, ALONG SAID WEST BOUNDARY, A DISTANCE OF 121.00 FEET TO A POINT LYING SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 10.00 FEET FROM THE SOUTHEAST CORNER OF LOT 1 (ONE) OF SCHAFFER GREENFIELD MINOR SUBDIVISION, SAID SUBDIVISION RECORDED IN PLAT BOOK 22, PAGE G -1 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A ■ REGULAR MEETING FEBRUARY 24, 2003 WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 387.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 2.81 ACRES, MORE OR LESS. 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, 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, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system, within four (4) 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 described 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 the public sanitary sewer network will be available to this phase of the Villas when the developer completes the first phase network, with extensions to be paid by the developer; that an existing water main is available to service the area; and that all or most other capital improvements required to service the annexation area will be planned, provided, and paid for by the developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and after 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 sends this bill to the full Council with a favorable recommendation. Mr. Larry Magliozzi, Staff Member, Department of Community & Economic Development, 12`' Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this is a voluntary annexation of just over 2.8 acres which will be utilized for a residential development located off of Orange Road. It will become part of the villas development currently being developed by the Cooreman Real Estate Group. Mr. Magliozzi noted that the larger development came into the City on a previous annexation. This annexation does meet the contiguity requirements of State law and will be part of the First Councilmanic District. Both sewer and water are available to the site and the City does not foresee any capital expenditures to extend those utilities. Fire Station #11 and Police Beat #22 will provide services to this area when it is annexed. REGULAR MEETING FEBRUARY 24, 2003 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 eight (8) ayes. RESOLUTION NO. 3164 -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 (SALAH AND CYNTHIA HILAL II ANNEXATION AREA) 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 3.2 acres of land containing a single family home surrounded by vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately 18.9% contiguous, which property is located on the west side of Portage Avenue, approximately 2700 feet north of Cleveland Road. This annexation area is the second part of a two -step annexation process, the first phase of the annexation area having been incorporated into the City of South Bend effective January 5, 2003. The ultimate plan for the entire annexation area (Phases I & II) will be to construct a combination of commercial, office and multi - family uses. The entire annexation area as developed 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; it will also require services of a capital improvement nature, including a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction; 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, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction; (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 improvement nature will be provided to the entire annexed area (Phases I & II) within one (1) year after the effective date of this (Phase II) 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 entire annexation area (Phases I & II) within four (4) years after the effective date of this Phase II 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 ■ REGULAR MEETING FEBRUARY 24, 2003 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: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST AND WEST QUARTER LINE OF SAID SECTION 22 THAT IS N. 89- 57' -01" E., 510.00 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00 — 00' -00" E., 292.27 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED 1N PLAT BOOK # 15 ON PAGE "P -5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90- 00' -00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 420.68 FEET MORE OR LESS TO THE EAST RIGHT -OF -WAY LINE OF PORTAGE ROAD; THENCE ALONG SAID EAST RIGHT -OF -WAY LINE S. 21- 03' -14" E., 312.68 FEET MORE OR LESS TO THE EAST AND WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89 — 57' -01" W. ALONG SAID QUARTER LINE, 533.01 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.20 ACRES MORE OR LESS. 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 of a non - capital nature to the entire annexation territory (Phases I & II), such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of this part II Hilal 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 the entire annexation territory (Phases I & II) services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, a drainage system, street lighting, and possible street and road construction, within four (4) years of the effective date of this Phase II 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 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 virtually all capital improvements required to service the annexation area will be planned, provided, and paid for by the owner /developer subject to compliance with state and local law. REGULAR MEETING FEBRUARY 24, 2003 Mr. Larry Magliozzi, Staff Planner, Department of Community & Economic Development, 12r' Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this is a voluntary annexation of just over three (3) acres on the west side of Portage Road. It is the front half of a parcel that was previously annexed into the City. The entire parcel could not be brought into the City at once because it failed the contiguity test. However, with the annexation of this parcel, the entire parcel will be brought into the City. He noted that once this parcel is annexed the Petitioners will most likely seek rezoning for the entire site. This parcel does meet the contiguity requirements and will become part of the First Councilmanic District. Sewer and water are available to the site and will be extended at the cost of the developer. Fire Station #11 and Police Beat 922 will be the service providers for this parcel. 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 eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:16 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Committee of the Whole, presided. Councilmember King 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 comments of the public both in favor of and against each bill that has been submitted for ordinance consideration. After the hearing on each bill the committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that South Bend Municipal Code, Article I, Section 2 -11, requires that before beginning any hearings of the type he just described, the Chairperson of the Committee of the Whole briefly explain the procedure that will be followed for all public hearings on bills filed for ordinance consideration. The Committee of the Whole of the South Bend Common Council operates in accord with the Council Rules of Procedure and Roberts Rules of Order and Council Attorney Kathleen Cekanski - Farrand serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subj ect to a time limit is heard. 4. Comments are heard 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. ■ REGULAR MEETING FEBRUARY 24, 2003 against the bill is limited to 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. Councilmember King noted that the following items will not be heard this evening: Bill No. 8 -03 Bill No. 87 -99 PUBLIC HEARINGS Postponed until the March 10, 2003 meeting. Postponed until the April 28, 2003 meeting. BILL NO. 2 -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; THE VILLAS AT LAKE BLACKTHORN II, LOCATED IN THE 51700 BLOCK OF ORANGE ROAD Council President White made a motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Marsha Adelman, Cooreman Real Estate Group, 24545 Brick Road, South Bend, Indiana, made the presentation for this bill. Ms. Adelman advised that she does not have a detailed presentation but noted that they were excited that they were able to procure this land for the secondary entrance to this subdivision and it is now a one hundred fourteen (114) lot villa project. She asked for the Council's favorable recommendation on the annexation. 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 REGULAR MEETING FEBRUARY 24, 2003 IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL II, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill to the March 10, 2003 meeting of the Council and be referred to the Zoning and Annexation Committee. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 87 -99 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1040 W. WASHINGTON, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to postpone this bill until the April 28, 2003 meeting of the Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 1021 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome Street, South Bend, Indiana, made the presentation for this bill. Mr. Oxian advised that the Historic Preservation Commission recommends this structure as a local landmark. It is rated as an S 12 which means it could have easily made the National Register. Even though the owner applied for this status, because it was a single structure in an area in which they felt should be a possible national register listing as a district, they were not successful in this designation. Mr. Oxian noted that the house is a Queen Anne style house. The original owner, Mr. Axel, built the house in 1905 and lived there until 1940 when he died. One of the other owners of the house was Mr. Bartkowiak, previous owner of the Van Buren Food Market located next door. Ms. Sara and Mr. Jason Jones, 1021 Portage, current owners, advised that they have done as much rehab on the house as they can financially afford with the inside about eighty per cent (80 %) finished. Ms. Sara Jones noted that they have done the work needed to maintain the structure and uphold the house and they are now faced with the exterior rehabilitation. She further noted that the Near Northwest Neighborhood shares their wish to clean up the neighborhood and now they ask for the Council's support in getting this house in the historical society. ■ REGULAR MEETING FEBRUARY 24, 2003 recommendation to the full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: orett J. da, ,4,y Clerk ATTEST: ng, Chairp rs n C ittee of the old 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 7:29 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9398 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND DESIGNATING THE STRUCTURES AND REAL PROPERTY LOCATED AT 1021 PORTAGE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA, A LOCAL HISTORIC LANDMARK This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 3165 -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 432 S. LAFAYETTE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR REGULAR MEETING FEBRUARY 24, 2003 Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, and more particularly described as; Lots 52, 53 and 54 of Samuel Martin's Addition and which has Key Number 18 -3015 -0556, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sue., and South Bend Municipal Code Sections 2 -76 et seq.; and WHEREAS, the Department of Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- 12.1 -1, et sue., and South Bend Municipal Code Sections 2 -76 et sM., 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 Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization 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 completed by the Petitioner meet the requirements of Indiana Code 6- 1.1- 12.1 -1 et se ., and qualified under the relevant provisions of South Bend Municipal Code Sections 2 -76 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all ■ REGULAR MEETING FEBRUARY 24, 2003 SECTION IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. 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 VIII. 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 sends it to the Council with a favorable recommendation. Mr. Bruce Yerry, 51591 Straton Court, Granger, Indiana, made the presentation for this bill. Mr. Yerry advised that Rescue, Inc. is the owner of the property at 432 South Lafayette Street. The site is the former Ries Furniture Store. In response to the growing number of homeless families in our community, Rescue, Inc. is responding with a complete renovation of the building as a new shelter for families, which will be called the Family Life Center. A portion of the building will be leased to Hope Housing L.P. which will own thirty -four (34) units of transitional housing. The housing will be owned by the limited partnership because the partnership will receive funding through the Low Income Housing Tax Credit Program. Hope Housing will be responsible for real property taxes on the portion of the building that they will own, and they are seeking a ten (10) year abatement on that portion. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. REGULAR MEETING FEBRUARY 24, 2003 of the City and is the appropriate applicant for a Brownfields Site Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application, up to the maximum amount of $50,000, to the Indiana Development Finance Authority for a Brownfields Site Assessment Grant. SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfield Site Assessment Grant application to be submitted by the Mayor to the Indiana Development Finance Authority. SECTION III. That for every activity, project, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Development Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should one be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That 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 sends it to the Council with a favorable recommendation. Mr. Andy Laurent, Economic Development Specialist, Community & Economic Development Department, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Laurent advised that this Resolution authorizes the Mayor to submit an application for a Brownfields Site Assessment Grant in the maximum amount of fifty thousand dollars ($50,000.00) to the Indiana Development Finance Authority. These funds, if awarded, will be used to conduct environmental site assessment activities at the former South Bend Stamping Plant, on West Broadway. These activities will further the goals of the Studebaker Oliver Redevelopment Project. If awarded, the Department of Community and Economic Development will be designated as the agency administering the grant and an appropriation ordinance will be brought to the Council to ■ REGULAR MEETING BILLS - FIRST READING FEBRUARY 24, 2003 BILL NO. 16 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,672 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL IMPROVEMENT FUND This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on March 10, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 17 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 1390 IRELAND ROAD BEING MORE SPECIFICALLY SCOTTSDALE MALL IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on February 18, 2003: BILL NO. 1 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 3 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 NORTHSIDE BLVD. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on March 10, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS REGULAR MEETING FEBRUARY 24, 2003 PRIVILEGE OF THE FLOOR There was no one present wishing to speak to the Council at this time. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next regular meeting of the Council will be held on Monday, March 10, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:35 p.m. ATTEST: Loretta J. a, City Clerk ATTES l Karen L. White, Presiden 1 1 M