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HomeMy WebLinkAbout05-19-03 Council Meeting MinutesREGULAR MEETING MAY 27, 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 Tuesday, May 27, 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: Charlotte Pfeifer 2nd District Roland Kelly 3rd District Karl King 4`" District David Varner 5`` District Ervin Kuspa 6"' District Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: James Aranowski 15` 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 May 12, 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 May 12, 2003 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS REGULAR MEETING MAY 27, 2003 PRESENTATION - TAX ABATEMENT ANNUAL REPORT Councilmember Karl King, Chairperson of the Community and Economic Development Committee, advised that each year this committee receives a report on the tax abatement program that has been operating for a number of years. Each year the report is given by Mr. Mike Beitzinger of the Department of Economic Development. This year it was decided that due to a number of items that were notable, that the report needed broader exposure and therefore Mr. Beitzinger was asked to make the presentation tonight. Councilmember King noted that this committee believes that the economic development benefits, the increased tax revenue benefits, the increased assessed valuation benefits and the many social and public benefits that have been derived from the tax abatement program were worthy of being presented at a public meeting of the Council. Councilmember King thanked Mr. Beitzinger for his excellent work in managing the tax abatement program for the City and noted that Mr. Beitzinger also played a key role in the drafting of the new tax abatement ordinance that will take effect in August of 2003. Mr. Beitzinger presented a brief power point presentation which included the definition of a tax abatement as well as statistics regarding the number of approvals for real property, personal property and residential property tax abatements. In each of these categories he provided the number of projects approved along with the dollar amounts of investment which they represent. The presentation concluded with pictures of various projects that received tax abatements. Copies of the power point presentation were presented to Councilmembers. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. 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 public comments in favor of or 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. Article 1, Section 2 -11 of the South Bend Municipal Code requires that before the beginning of any hearings, the Chairperson of the Committee of the Whole 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 Common Council Committee and/or the Area Plan Commission. 3. A formal presentation in favor of the bill which is not subject to a time limit is heard. 4. Comments are heard from members of the public who wish to speak in favor of the ■ REGULAR MEETING MAY 27, 2003 minutes for his /her presentation and must also 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 those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 35 -03 PUBLIC HEARING ON A BILL APPROPRIATING $100,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT 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. Bill Schalliol, Department of Community and Economic Development, 1200 County -City Building, made the presentation for this bill. Mr. Schalliol advised that this bill will appropriate one hundred thousand dollars ($100,000.00) from the Economic Development State Grant Fund to provide monies for investigation and remediation of properties containing underground storage tanks. These funds will be used in areas designated by the Commercial Corridor Program. These anticipated resources were made available through the Indiana Department of Environmental Management and the United States Environmental Protection Agency. This grant was awarded by IDEM in June of 2002. Councilmember Kirsits asked if these funds will be used mostly for abandoned gas stations. Mr. Schalliol advised that the funds will be used for abandoned gas stations and industrial properties with underground fuel oil storage tanks. Additionally, Councilmember Kirsits asked if any areas or corridors have been identified for these funds. Mr. Schalliol stated that some work will be done on Western Avenue and some sites will be investigated on Lincolnway West. 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 Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING MAY 27.2003 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. Bill Schalliol, Department of Community and Economic Development, 1200 County -City Building, made the presentation for this bill. Mr. Schalliol advised that this bill will appropriate forty -eight thousand two hundred seventy dollars ($48,270) from the Economic Development State Grant Fund to provide monies for continued environmental site assessment activities in the Studebaker /Oliver Redevelopment Project Area. These funds will allow for a secondary site assessment of a portion of the former South Bend Stamping Plant at 601 W. Broadway. These anticipated resources were made available through the Indiana Development Finance Authority's Brownfields Site Assessment Grant Program. This grant was awarded at the Indiana Development Finance Authority April 2003 Board meeting. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 26 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 2, USE DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ZONING DISTRICT TO BE KNOWN AS THE "CB" COMMUNITY BUSINESS DISTRICT Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill this afternoon and a decision was made to send it to the full Council with a favorable recommendation. Mr. Andy Videkovich, 310 Rue Flambeau, South Bend, Indiana, representing the Area Plan Commission, 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Videkovich advised that this bill was initiated by the Area Plan Commission and amends Chapter 21, Article 2, Use District Regulations of the South Bend Municipal Code to add a new zoning district to be known as "CB" Community Business District. The Area Plan Commission, at its May 20, 2003 Public Hearing, sent this petition to the Common Council with a favorable recommendation. He noted that the "CB" Community Business District is a zoning district from the forthcoming South Bend Zoning Ordinance. Because of its higher development standards, this district will aid the City in better regulating future large scale commercial developments more effectively than any district in the current ordinance. ■ REGULAR MEETING MAY 27, 2003 There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Councilmember Varner advised that citizens of the south side will be very happy to see some development take place. Therefore, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 31 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE BY CHANGES TO CHAPTER 4, AND CHAPTER 12 TO REGULATE AND LICENSE THE USE OF ALARM SYSTEMS Council President White made a motion to hear the third substitute version of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly, Chairperson, Health and Public Safety Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Police Lieutenant Dick Powers, South Bend Police Department, 701 West Sample Street, South Bend, Indiana, and Ms. Juanita Dempsey, representing the Community Oriented Policing Leadership Council, no address given, made the presentation for this bill. Lieutenant Powers advised that this bill contains proposed amendments to Chapter 4, Article 3, Chapter 4, Article 4 and Chapter 12, Section 12 -1 of the existing ordinance defining false alarms and the usage of alarms in the City of South Bend. Lieutenant Powers informed the Council that this project began in the Fall of 1998 and has been worked on continuously until about three (3) months ago. He noted that they have investigated how to reduce the number of false alarms and developed a structure of how alarms are used and who represents alarm users in an effort to reduce the total number of false alarms that are responded to by both the South Bend Police and Fire Departments. This project involved not only the Police and Fire Departments but the Community Oriented Policing Leadership Council which is the citizen balancing side of community oriented policing who represents organizations and associations throughout the City of South Bend. Throughout the process they have had discussions and met with most of the major alarm companies in South Bend representing over ninety per cent (90 %) of the alarm business. Lieutenant Powers stated that it was felt that the number of false alarms will be reduced due to the efforts of the alarm companies and the City of South Bend. Additionally, meetings were held with some of the larger users concerning this matter including the school administration to try to make efforts to reduce alarms at some of their properties. Ms. Juanita Dempsey, Chairman, Community Oriented Policing Leadership Council, stated that some of the issues considered in the revising of this ordinance were the safety factor and the wear and tear on public vehicles. Police and Fire Department vehicles running lights and sirens to reach REGULAR MEETING MAY 27, 2003 so that they are more responsible about the equipment that they are providing. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Assistant Fire Chief Howard Buchanan, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana,_ stated that this bill will eliminate the problem of firefighters standing at the scene for hours waiting for a key holder to show up. This bill requires that someone respond in fifteen (15) minutes. Chief Buchanan stated that he is in favor of this bill and the most important part of this bill is that the City is trying to repair the situation that currently exists. He noted that if they respond to the same location perhaps as many as five (5) times in a day because a system malfunctioned, now something will be done to correct that problem. Mr. Edwin Goddard, 534 Preston Drive, South Bend, Indiana, asked what there is in the ordinance that requires the agent to educate the users. He noted that it seems to him that the bill is a little short on what the agent should actually have instructed the user of the alarm system. There was no one else present wishing to speak to the Council either in favor of or in opposition to this bill. In rebuttal, Ms. Dempsey stated that there are a lot of senior citizens who have alarm systems who forget their codes and how to work their alarms. The alarm companies indicated that they would be more than willing to go out and reeducate those users on how their systems work and make additional changes that need to be done at that time. Lieutenant Powers noted that as a result of discussions with agents of alarm companies, language was kept in the bill allowing a total of three (3) false alarms in a calendar year without any type of penalty so that the City can work out some of the logistics with the alarm companies which have to set the alarm. This language allows room for reeducation and gives the alarm company the ability to be accountable for working with their users as far as reeducation and making them familiar with the alarm systems. The alarm companies have agreed to reassess the alarm system to determine whether there is a malfunction or a worn part or whatever is needed to bring it back up to a quality in which they would not have further false alarms as well as to reeducate the user if needed. Councilmember Kelly made a motion for favorable recommendation to full Council concerning the third substitute version of this bill. Councilmember Varner seconded the motion. Councilmember Kirsits announced that he is employed by the South Bend Fire Department and based on the advice of Council Attorney Kathleen Cekanski- Farrand there is not a conflict of interest and he will be voting on this bill. Councilmember King commended Lieutenant Powers, Ms. Dempsey, Council Attorney Kathleen Cekanski- Farrand and other members of the Community Oriented Policing Leadership Council who put a great deal of effort in putting this bill together. He noted that there were many meetings with residents, alarm company representatives and it is commendable that these individuals have stuck to this project for five (5) years to bring an ordinance forward as an example of what community oriented policing can do. He further noted that the key principal of community oriented policing is ■ REGULAR MEETING MAY 27, 2003 Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: orett J. D a, Ci6 Clerk ATTEST: , "�e� � e ' �r — K g, hai r o Co ittee of the 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 7:40 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9420 -03 AN ORDINANCE APPROPRIATING $100,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9421 -03 AN ORDINANCE APPROPRIATING $48,270 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE SUPPORT OF THE DIVISION OF ECONOMIC DEVELOPMENT'S AREA REVITALIZATION EFFORT This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9422 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 2, USE DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A NEW ZONING DISTRICT TO BE KNOWN AS THE "CB" COMMUNITY BUSINESS DISTRICT REGULAR MEETING MAY 27, 2003 CHAPTER 4, AND CHAPTER 12 TO REGULATE AND LICENSE THE USE OF ALARM SYSTEMS This bill had third reading. Councilmember Pfeifer made a motion to consider the third substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember King made a motion to pass the third substitute version of this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3191 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 121 WEST LASALLE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR BRAVOKILO, 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 121 West LaSalle Street, South Bend, Indiana, and which is more particularly described as follows: Lots numbered 74 and 75 and 173, as shown on the recorded Original Plat of the town, now City of South Bend, St. Joseph County, Indiana and which has Key Number 18- 1003 -0120, 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 ■ REGULAR MEETING MAY 27, 2003 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Dan Fitzpatrick, President and Chief Executive Officer, Quality Dining, Inc., Owner of Bravokilo, Inc., 51211 Erin Glen, St. Joseph County, made the presentation for this bill. Mr. Fitzpatrick noted that this matter was before the Community and Economic Development Committee and the Council at its last meeting. He thanked the Council and the City staff who have done a good job in working with his company on this project. The project is underway with the demolition of the Burger King restaurant and is well underway with its reconstruction. Mr. Fitzpatrick asked for the Council's support and thanked them for the help that they have provided. 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 disclosed that he is a shareholder of the parent company, Quality Dining, but his interest does not rise to the level of a conflict of interest. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3192 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3333 WEST LATHROP DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR TOTAL ENTERPRISES, LTD. 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 3333 West Lathrop Drive and which is more particularly described as follows: PARCEL I: A tract of land in the Southeast Quarter of Section Twenty -eight (28), Township Thirty-Eight REGULAR MEETING PARCEL III: MAY 27, 2003 A part of the Southeast Quarter of Section Twenty -eight (28), Township Thirty -eight (38) North, Range Two (2) East, St. Joseph County, Indiana. with said real estate having the following Key Number 25 -1010 -0409, 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 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 se . 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 Attorney Tom Walz, 19591 Roosevelt Road, South Bend, Indiana, with offices at 509 West Washington Street, South Bend, Indiana, representing Total Enterprises, South Bend, Indiana, made the presentation for this bill. Mr. Walz advised that Total Enterprises is a fabricator and builder of tools for different industries including the automotive industry. Total Enterprises plans to acquire a 1996 Giddings & Lewis CNC Horizontal Boring Machine and related equipment at a purchase price of three hundred fifty thousand dollars ($350,000.00). The project will create four (4) new permanent jobs and add additional payroll of approximately one hundred eighty -seven thousand two hundred dollars ($187,200.00). He noted that these are conservative estimates and they are hopeful that this will ■ REGULAR MEETING - MAY 27, 2003 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3193 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3751 OLIVE ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GIBBS WIRE AND STEEL COMPANY, 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 3751 Olive Road and which is more particularly described as follows: Lot numbered one (1) as shown on the recorded plat of Gibbs' Olive Road Minor Subdivision recorded June 2, 2000 as document number 0026450 in the office of the Recorder of St. Joseph County, Indiana with said real estate having the following Key Number 25- 1011 - 018602, 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 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 REGULAR MEETING MAY 27, 2003 Mr. John Mintun, Operations Manager, Gibbs Wire and Steel, 3347 Field Gate Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Mintun reminded the Council that they were informed of this project previously during the prior committee meeting and Council meeting. He noted that he has nothing further to add at the present time. He thanked Councilmembers for their time and cooperation on this matter and asked for a favorable recommendation. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3194 -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 2701 NORTHSIDE BOULEVARD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIBERIUS MIHALACHE 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 2701 Northside Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Thirty (30) as shown on the Recorded Plat of Twin City Realty's Subdivision of Lot "C" in the First Subdivision of River Park, now within and a part of the City of South Bend, excepting therefrom that part thereof conveyed to the town of River Park for Street Purposes. and this property has Key Number 18- 6041 -1313, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., 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 sew., 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 REGULAR MEETING MAY 27, 2003 tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se p., 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 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 REGULAR MEETING MAY 27, 2003 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 ofthe 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. Tiberius Mihalache,117 South Main Street, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Mihalache advised that he plans to build a new multi family, two (2) story quad plex with one (1) and two (2) bedroom units. The total living area will be three thousand eight hundred forty (3,840) square feet and the units will be one (1) and two (2) bedrooms each with a full bath. The gross size of the property is nine thousand five hundred eighty -five (9, 585) square feet and the net size of the building will be five thousand one hundred ninety -four (5,194) square feet with the first floor being one thousand nine hundred twenty (1,920) square feet. He noted that the new multi- family property will increase the value of the existing homes in the area. Also, the tax cash flow will benefit from this project. The total estimated dollar value of this project is two hundred thousand dollars ($200,000.00). 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 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 eight (8) ayes. RESOLUTION NO. 3195 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE t REGULAR MEETING MAY 27, 2003 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 3102 and 3108 Northside Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Thirty -four (34) and Thirty -five (35) as shown on the Recorded Plat of Corporan and Duck Subdivision of Lot Numbered Three Hundred and Seventy -eight (378) in Fordham Addition to River Park, now within and apart of the City of South Bend, St. Joseph County, Indiana, recorded in Plat Book 10, page 78, excepting therefrom the Easterly 17 feet of Lot Numbered Thirty -four (34). and this property has Key Numbers 18- 6052 -1722 and 18- 6052 -1723, 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 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 ofBenefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., 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 REGULAR MEETING MAY 27, 2003 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 ofbenefits 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 ofthe 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. E REGULAR MEETING MAY 27, 2003 Mr. Tiberius Mihalache, 117 South Main Street, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Mihalache advised that he proposes to build a new two thousand twenty -six (2,026) square foot two (2) story house with eight (8) rooms which includes three (3) bedrooms, two (2) full baths, a full basement and a two (2) car garage. The house will be built on a lot which is 107 by 55. He noted that a new house in the area will increase the value of the existing homes and the property tax cash flow will be increased from two hundred forty one dollars ($241.00) per year to more than three thousand dollars ($3,000.00). Mr. Mihalache advised that this project is going to promote future improvements and development in the area. The total estimated dollar value of this project is over one hundred forty thousand dollars ($140,000.00) . Mr. Mihalache thanked the Council for their time and cooperation. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 39 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND LIMITING THE SIZE, SEPARATION DISTANCE, AND DISPLAY AREA OF OUTDOOR ADVERTISING SIGN WITHIN THE "IP" INDUSTRIAL PARK ZONING DISTRICT 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. BILL NO. 40 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 6, BOARD OF ZONING APPEALS, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW POOL AND BILLIARD HALLS AS SPECIAL EXCEPTIONS IN THE "C" COMMERCIAL, "D" LIGHT INDUSTRIAL, AND `B" HEAVY INDUSTRIAL DISTRICTS REGULAR MEETING MAY 27, 2003 MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on June 9, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 42 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW CAPITAL FUND TO BE KNOWN AS THE SOUTH BEND REDEVELOPMENT DISTRICT ALLOCATION AREA CAPITAL FUND ( #428) This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Second Reading, Public Hearing and Third Reading on June 9, 2003. Councilmember Coleman 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 May 20, 2003: BILL NO. 27-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES BILL NO.28 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on June 9, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING MAY 27, 2003 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:00 p.m. ATTEST: #orettDud'a�,/City/berk ATTES , Q� ren L. White, Preside ft