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HomeMy WebLinkAbout03-24-03 Council Meeting MinutesREGULAR MEETING MARCH 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, March 24, 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 st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4t' District Chairperson, Committee of the Whole David Varner 5th District Ervin Kuspa 6th 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 March 10, 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 that the minutes of the March 10, 2003 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REGULAR MEETING MARCH 24, 2003 WHEREAS, the State of Indiana has mandated that there be a coordinated response to terrorism activities which cross jurisdictional boundaries or exceed the response capabilities of a local jurisdiction; and WHEREAS, under the direction of the St. Joseph County Emergency Management Agency, the cities of South Bend and Mishawaka, St. Joseph County and other organizations prepared a Comprehensive Emergency Management Plan which addresses major emergencies that could impact communities including biological, chemical and nuclear terrorism incidents; and WHEREAS, it is necessary to formalize the creation of a joint Anti- Terrorism Steering Committee and a j oint Anti- Terrorism Preparedness and Response Committee for the cities of South Bend and Mishawaka and St. Joseph County so that coordinated procedures and responses may be officially addressed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The City of South Bend acknowledges that if a terrorism incident occurs anywhere in or near St. Joseph County that it would likely impact the cities of South Bend and Mishawaka, and St. Joseph County, especially if the incident involves biological, chemical or radioactive agents. Emergency response organizations from all three (3) entities would be involved in the response and residents of all three (3) entities would be impacted. A coordinated response effort is therefore deemed to be in the best interests of the community. Section II. The Common Council of the City of South Bend, Indiana, in cooperation with the Mayor, hereby authorize the city's participation in a coordinated response effort to terrorism activities which may cross jurisdictional boundaries or which may exceed the response capabilities of a local jurisdiction. Section III. The Common Council and the Mayor hereby authorize the City of South Bend, Indiana, to enter into an agreement with the City of Mishawaka and St. Joseph County to work cooperatively in participating on a joint Anti- Terrorism Steering Committee which will oversee terrorism preparedness activities, coordination and guidance and review and approve, as appropriate such plans, policies and procedures which would coordinate terrorism preparation and activities. Section IV. The Common Council and the Mayor hereby authorize the City of South Bend, Indiana, to work cooperatively with the City of Mishawaka and St. Joseph County in participating on a joint Anti- Terrorism Preparedness and Response Committee which shall continually assess the ability of the communities to respond to a terrorism incident and assist the communities in developing policies, plans and procedures to improve response capabilities. This Preparedness Committee shall address non - medical terrorism preparedness and response issues which are common to South Bend, Mishawaka and St. Joseph County. The attached Interlocal Agreement is authorized pursuant to Indiana Code 36 -1 -7, and would formalize and authorize the City of South Bend, the City of Mishawaka and St. Joseph County to work cooperatively in participating on a Joint Anti - Terrorism Steering Committee and a Joint Anti- Terrorism Preparedness and Response Committee. Section V. The Preparedness Committee shall provide advice and recommendations to the ■ REGULAR MEETING MARCH 24, 2003 Councilmember Coleman made a motion to accept the substitute version of this Resolution. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a hearing on this substitute bill and sends it to the Council with a favorable recommendation. Mr. Marc Nelson, St. Joseph County Health Department, no address given, made the presentation for this bill. Mr. Nelson urged the Council to approve this Resolution. He noted that a number of individuals active in terrorism preparedness for the counties and the cities have been working together for some time to improve preparedness. He further noted that they have made quite a bit of progress but needs the support of elected officials to go as far as they need to go. Councilmember Kirsits asked if by having this task force more funding would be available for area agencies through Homeland Security grants. Mr. Nelson responded that there might be that opportunity and they will pursue that matter. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Coleman made a motion to adopt this Resolution as substituted. Councilmember Pfeifer asked Mr. Nelson to investigate an incident that took place this past weekend in which a United States citizen, on the basis of the Homeland Security Act, was visited by the INS at 5:00 a.m. because they thought these individuals were not citizens. Councilmember Pfeifer inquired why someone locally was not contacted to verify the identity of these individuals, and if that is one of the things that they are going to do. She noted that there are a lot of people in the community that are upset by this action and she would appreciate it if he could look into this matter. Mr. Nelson advised that there are three (3) law enforcement representatives on the committee, which meets on Tuesday, and he will ask them to find out about this incident. Councilmember Aranowski seconded the motion which carried by a roll call vote of nine (9) ayes REAPPOINTMENT TO CENTURY CENTER BOARD OF MANAGERS Councilmember Kelly made a motion for the reappointment of Mr. Edwin Ehlers to the Century Center Board of Managers. Mr. Ehlers has served as Treasurer of the Board for many years and has served extremely well. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:09 p.m. Councilmember King made a motion to resolve into the Committee of the Whole. REGULAR MEETING MARCH 24, 2003 South Bend requires that prior to the commencement of any hearings by the Committee of the Whole, the Chairperson must 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 and Procedures and Roberts Rules of Order and Council Attorney Kathleen Cekanski- Farrand serves as the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as follows: 1. The title of the bill is read by the City Clerk. 2. Reports are presented from the pertinent Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the bill. Each member is limited to five (5) minutes for his /her presentation and must begin by stating his /her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each of those members speaking is limited to five (5) minutes for his /her presentation and must begin by stating his /her name and residential address. The total time for comments by members of the public speaking against the bill is limited to the amount of time that was used by members of the public 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 is held in which members of the Committee of the Whole will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 17 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 13900 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that after meeting ■ REGULAR MEETING MARCH 24, 2003 Commercial, "G" Height and Area to allow a regional shopping center. The property contains a shopping mall and restaurant outlots. Located to the north are businesses zoned "C" Commercial, "D" and `B" Height and Area and single family homes zoned "A" Residential, "A" Height and Area; located to the east are single family homes zoned "A" Residential, "A" Height and Area; located to the south is the U.S. 20 Bypass; located to the west are businesses zoned "C" Commercial, "A" Height and Area, and "C -2" Planned Shopping Center, "E" Height and Area. Access to the site is from Miami Street and Ireland 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 57.25 acres. Of that, the buildings will occupy twenty per cent (20 %) of the site, the parking and drives will occupy sixty - nine percent (69 %) of the site and eleven percent (11 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands or environmental hazard areas are present. The property is partially within a flood zone. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, based on its Public Hearing held on March 18, 2003, sent this petition to the Council with a favorable recommendation subject to a final site development plan. This proposal suggests that by rearranging the commercial space on the site to a strip mall set -up, a more viable shopping center can be achieved. Having fewer storefronts, but more actual shopping opportunities, is a reasonable and strongly desirable goal for the area. In addition, if this shopping center proves successful, it could act as a catalyst and anchor for future developments in that area of the City. Mr. Myers advised that the site plan that the Council has is different from the one he had on display which is the one that was submitted at the Plan Commission and is the one they consider the preliminary site plan. The main difference is that at the northeast corner, on the site plan the Council has, they are showing two (2) buildings and on the site plan on display they are showing two (2) outlots which would be building outlots at some time in the future. Mr. Jon Schelling, Kite Development, Indianapolis, Indiana, residing at 302 Sussex Circle, Noblesville, Indiana, made the presentation for this bill. Mr. Schelling advised that the site plan they presented is what they would like to get rezoned. The restaurant outlots up front would remain in tact as they are today. They feel that a rezone would allow them more flexibility in drawing anchor tenants to the site and that is the purpose for requesting the rezone. He noted that they have a lot of interest being shown in the potential redevelopment of the mall and they would like the Council's support. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 21 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS TO REGULAR MEETING MARCH 24, 2003 Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Ann Kolata, Department of Community & Economic Development, residing at 51695 Stoneham Way, Granger, Indiana made the presentation for this bill. Ms. Kolata stated that this is the final ordinance authorizing the issuance of bonds in an amount not to exceed one million dollars with a term not to exceed twenty (20) years and an interest rate of not more than three per cent (3 %). The purpose of the bonds is to pay a loan from the Indiana Department of Environmental Management Brownfield Clean -up Loan Fund. These are loan funds that have been made available to the state from the Environmental Protection Agency and the monies will be used to remediate the former Fredrickson Park site off of South Bend Avenue. The exact terms of the loan are still being discussed. The City has approval for a ten per cent (10 %) forgiveness of the loan but is hoping to make that a little bit higher in the next week. Ms. Kolata noted that the work to be performed is the remediation of the former landfill which was not a registered landfill and it would put in place a gas collection system to get the methane that is underneath the landfill. Ms. Kolata noted that Mr. Alan Feldbaum, Barnes and Thornburg, bond counsel for this transaction, is present to answer questions. She also noted that they hope to close within the next week or ten (10) days. 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 Kelly made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,900.00 INDIANA RIVER RESCUE (FUND #291) Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Assistant Chief Randy Magdalinski, EMS, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Magdalinski advised that this bill is for the expenditure of eighteen thousand nine hundred dollars ($18,900.00) from funds available in Fund #291 to replace equipment that is necessary to maintain professionalism of the Fire Department in regards to the Indiana River Rescue School. He noted that this is an excellent school that is attended by individuals throughout the country and South America. ■ REGULAR MEETING MARCH 24, 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 Kelly made a motion for favorable recommendation to full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 20 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $8,624.00 HAZMAT FUND (FUND #289) Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Assistant Chief Randy Magdalinski, EMS, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Magdalinski advised that this bill is in reference to the expenditure of eight thousand six hundred twenty four dollars ($8,624.00) from funds available in Fund #289. These funds will replace HazMat suits which are used extensively in the monthly training sessions. Some items are being replaced but the air monitoring equipment is a new purchase that is necessary for specific items to be detected. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Note: As noted above during discussion of Bill No. 19 -03, Councilmember Alfred "Buddy" Kirsits, advised that he is employed by the South Bend Fire Department and based on the advice of Council Attorney Kathleen Cekanski - Farrand, there would not be a conflict of interest and he can vote on this bill. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits 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. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: �A� �� REGULAR MEETING MARCH 24, 2003 ORDINANCE NO. 9406 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; SALAH & CYNTHIA HILAL II, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman 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. ORDINANCE NO. 9407 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 13900 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as substituted. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9408 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ISSUANCE OF BONDS TO EVIDENCE A LOAN FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT BROWN- FIELDS CLEANUP REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY, PLEDGING A PORTION OF THE CITY'S COUNTY OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTERS CONNECTED THEREWITH This bill had third reading. Councilmember King 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. ORDINANCE NO. 9409 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $18,900.00 INDIANA RIVER RESCUE (FUND #291) 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 . REGULAR MEETING MARCH 24, 2003 Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 03 -30 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION BILL NO. 03 -31 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, INC. Councilmember Aranowski made a motion to combine Bill Nos. 03 -30 and 03 -31 for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3173 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION 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 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: A Part of the East Half of the Southwest Quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana REGULAR MEETING MARCH 24, 2003 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 Real 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 is granted Real property tax deduction for a period of six (6) 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 RESOLUTION NO. 3174 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4201 LINDEN AVENUE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GTA CONTAINERS, 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 4201 Linden Avenue and which is more particularly described as follows: A Part of the East Half of the Southwest Quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana with said real estate having the following Key Number 18 -2193 -7257, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before ■ REGULAR MEETING MARCH 24, 2003 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 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. Charles Gaver, Baker & Daniels, 205 West Jefferson Street, South Bend, Indiana, made the presentation for these bills on behalf of the Petitioners. Mr. Gaver advised that Fox Trot Real Estate is the real estate holding company and GTA Containers, Inc. is an operating company of a business that has been in South Bend since 1988. They are manufacturers of collapsible containers for the storage and transportation of fuel and water, ranging in size up to fifty thousand (50,000) gallons. Mr. Gaver further advised that these products are manufactured in accordance with Department of Defense, U.S. military specifications. Additionally, the company currently has a record of one hundred per cent (100 %) on time delivery rate and a zero percent (0% ) rejection rate. GTA currently has contracts in excess of $10 million for these containers and the United States government has recently awarded additional contracts with a potential value of $116 million through the year 2006. As a result of this, GTA is required to expand its current manufacturing facilities to accommodate this additional work. In addition to the sixty thousand (60,000) square foot facility they currently have, they propose to build a twenty - four thousand (24,000) square foot facility on the property. The estimated cost of this new project is six hundred thousand dollars ( $600,000.00). GTA will purchase two hundred fifty thousand ($250,000.00) dollars of new manufacturing equipment. As stated in the petition, GTA currently has seventeen (17) full time employment positions with an annual payroll of just over six hundred thousand dollars ($600,000.00) a year. This new project is expected to create between four (4) and six (6) new permanent full time jobs with a new annual payroll of between eighty thousand ($80,000.00) dollars and one hundred twenty thousand ($120,000.00) dollars. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion for the adoption of Bill No. 03 -30. Councilmember Kelly REGULAR MEETING MARCH 24, 2003 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLYKNOWN AS 1138 HILL STREET, 711 ST. PETER STREET AND 713 ST. PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 1138 Hill Street, 711 St. Peter Street and 713 St. Peter Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1138 Hill Street Lot 19, ex 20 ft S side Lot 20, 18 -5109 -3848 Shenefields Sub of Lot 143, Sorins 2nd Add 711 St. Peter Street Lot 17, ex str Hodsons Sub Lots 24 18 -5032 -1141 & 25, Sorins 1St Add 713 St. Peter Street Lot 16, ex W end for str Hodsons 18 -5032 -1140 of Lots 24 -25, Sorins 1St Add 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 seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: 1 1 IF� REGULAR MEETING MARCH 24, 2003 i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) 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 REGULAR MEETING MARCH 24, 2003 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 had this bill on its agenda for this afternoon. However, they were not able to conduct a Public Hearing because the petitioner was not present. Therefore, this Resolution comes to the full Council with no recommendation. Mr. Mike Urbanski, representing South Bend Heritage Foundation, 1619 West Ewing Street, South Bend, Indiana, made the presentation for this bill. Mr. Urbanski apologized to the Council for missing the afternoon Council Committee meeting on this matter. Mr. Urbanski noted that this Resolution pertains to three (3) more lots that South Bend Heritage intends to develop in the vicinity of the University of Notre Dame. One (1) lot is at Hill Street and Napoleon and others are on St. Peter Street just off South Bend Avenue. He stated that they hope to get all the lots together so they can do fifteen (15) or twenty (20) lots at one time. 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. BILL NO. 03 -33 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING 52600 OLIVE ROAD BILL NO. 03 -34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING 52650 OLIVE ROAD BILL NO. 03 -35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING 24514 CLEVELAND ROAD Councilmember King made a motion to combine Bill Nos. 03 -33, 03 -34 and 03 -35 for purposes of Public Hearing. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3176 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 03 -33) CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS ■ REGULAR MEETING MARCH 24, 2003 A PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTHERLY 2855.36 FEET TO A POINT BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID SECTION AND THE CENTER LINE OF INDIANA EAST AND WEST TOLL ROAD; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TOLL ROAD 1019.36 FEET TO A POINT; SAID POINT BEING THE INTERSECTION OF OLIVE ROAD AND SAID TOLL ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF OLIVE ROAD 876.28 FEET TO THE POINT OF BEGINNING; THENCE EASTERLY 200 FEET TO A POINT; THENCE SOUTHERLY 120 FEET TO A POINT; THENCE WESTERLY 200 FEET TO A POINT; THENCE NORTHERLY 120 FEET TO THE POINT OF BEGINNING WHEREAS, the Real Property is desired for the purpose of widening Olive Road; and WHEREAS, Beverly S. Grove is interested in selling said Real Property; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Section I. The Board of Public Works is authorized and directed to appoint two (2) appraisers to appraise the fair market value of the Real Property. Section II. The Board of Public Works shall give a copy of both appraisals to the Common Council. Section III. The Board of Public Works may not purchase the Real Property for a price greater than the average of the two appraisals. s/Karen L. White Member, South Bend Common Council RESOLUTION NO. 3177 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 03 -34) CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING 52650 OLIVE ROAD WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public Works to acquire property located at 52650 Olive Road, South Bend, Indiana, which real property is owned by Sharon Harlozinski, and is particularly described as follows: Real Property in the City of South Bend, St. Joseph County, State of Indiana, described as follows: A LOT OR PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NO. 19, TOWNSHIP T.TlN �n —/l -- T A 1T!" 1Tl - -A !1T TT(1 lYTlTT TT A - T/'1T T —1- REGULAR MEETING MARCH 24, 2003 COUNTY, INDIANA; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TOLL ROAD A DISTANCE OF 1019.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF OLIVE ROAD WITH SAID TOLL ROAD; THENCE SOUTH ALONG THE CENTERLINE OF SAID OLIVE ROAD A DISTANCE OF 996.28 FEET TO THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE EAST 200 FEET; THENCE SOUTH 100 FEET; THENCE WEST 200 FEET; THENCE NORTH 100 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.458 ACRES, MORE OR LESS. WHEREAS, the Real Property is desired for the purpose of widening Olive Road; and WHEREAS, Sharon Harlozinski is interested in selling said Real Property; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Section I. The Board of Public Works is authorized and directed to appoint two (2) appraisers to appraise the fair market value of the Real Property. Section II. The Board of Public Works shall give a copy of both appraisals to the Common Council. Section III. The Board of Public Works may not purchase the Real Property for a price greater than the average of the two appraisals. s/Karen L. White Member, South Bend Common Council RESOLUTION NO. 3178 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE (BILL NO. 03 -35) CITY OF SOUTH BEND, INDIANA, EXPRESSING ITS INTEREST IN PURCHASING 24514 CLEVELAND ROAD WHEREAS, it is deemed necessary and desirable by the South Bend Board of Public Works to acquire property located at 24514 Cleveland Road, South Bend, Indiana, which real property is owned by Shirley A. Kline and Sharlene Stidham, and is particularly described as follows: Real Property in the City of South Bend, St. Joseph County, State of Indiana, described as follows: A PART OF THE EAST ONE -HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF SECTION 30, TOWNSHIP THIRTY -EIGHT (3 8) NORTH, RANGE TWO (2) EAST, DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE SAID EAST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (1/4) REGULAR MEETING MARCH 24, 2003 WHEREAS, the Real Property is desired for the purpose of widening Olive Road; and WHEREAS, Shirley A. Kline and Sharlene Stidham are interested in selling said Real Property; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: Section I. The Board of Public Works is authorized and directed to appoint two (2) appraisers to appraise the fair market value of the Real Property. Section II. The Board of Public Works shall give a copy of both appraisals to the Common Council. Section III. The Board of Public Works may not purchase the Real Property for a price greater than the average of the two appraisals. s/Karen L. White Member, South Bend Common Council Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends these three (3) Resolutions to the full Council with a favorable recommendation. Mr. Bob Case, Department of Community & Economic Development, no address given, acting as a Purchasing Agent for the Department of Public Works, made the presentation for these bills. Mr. Case informed the Council that these three (3) Resolutions are for the purchase of real property in the Airport Economic Development area. He noted that the City would like to purchase these parcels for a public improvements project along Olive Road which extends down Old Cleveland Road to the bypass. A Public Hearing was held on the Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Coleman made a motion to adopt Bill No. 03 -33. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember King made a motion to adopt Bill No. 03 -34. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Pfeifer made a motion to adopt Bill No. 03 -35. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING MARCH 24, 2003 REQUIREMENTS FOR LARGE EATING/DRINKING ESTABLISHMENTS This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on April 14, 2003. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 24 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW DIVISION I ENTITLED YOUTH ADVISORY COUNCIL This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community Relations Committee and set it for Public Hearing and Third Reading on April 14, 2003. Councilmember King seconded the motion which carried by a voice vote of nine (9) 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 March 18, 2003: BILL NO. 14 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF TUXEDO DRIVE AND EAST JEFFERSON BOULEVARD, CITY OF SOUTH BEND, INDIANA BILL NO. 15 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1402 MIAMI STREET, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 18 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD, APPROXIMATELY 350 FEET EAST OF WALDEN COURT AND 450 FEET WEST OF FINCH DRIVE, 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 April 14, 2003. . REGULAR MEETING MARCH 24, 2003 PRIVILEGE OF THE FLOOR COMMENTS REGARDING THE COLLEGE FOOTBALL HALL OF FAME Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, distributed to Councilmembers the College Football Hall of Fame Statement of Revenues and Expenses for the Year Ending 12 -31 -2002 as received from the National Football Foundation. Mr. Cierzniak reviewed and commented on this report a copy of which was also submitted. ADJOURNMENT There being no further business to come before the Council, President White adj ourned the meeting at 8:47 p.m. ATTEST: Loretta a, C' y Clerk ATTEST: