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HomeMy WebLinkAbout07-14-03 Council Meeting MinutesREGULAR MEETING JULY 14, 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, July 14, 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Karen L. White 1" District 2nd District 3" District 4t' District Chairperson, Committee of the Whole 5t' District 6' District At -Large Vice - President At -Large President Absent: Al `Buddy" Kirsits At -Large 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 June 9, 2003 and June 23, 2003 meetings of the Council and found them to be correct. Therefore, we recommend the same be approved. Members of the Sub - Committee on Minutes s/Karen L. White s/David Varner Councilmember Coleman made a motion that the minutes of the June 9, 2003 and June 23, 2003, meetings 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 JULY 14, 2003 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of 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 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 the South Bend Municipal Code in Article 1, Section 2 -11 requires that prior to the commencement 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 operates in accordance 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 bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his/her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his /her name and residential address. 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 i REGULAR MEETING JULY 14, 2003 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon on this bill and after discussion and debate, voted to present it to the full Council with a favorable recommendation. Mr. Andy Videkovich, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Videkovich advised that this proposed ordinance was initiated by the Area Plan Commission and would amend 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 signs within the "IP" Industrial Park Zoning District. The Area Plan Commission, at its Public Hearing held on June 17, 2003, sent this petition to the Council with a favorable recommendation. The restrictions on outdoor advertising signs are desired to be the same in all districts where they are allowed. 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 Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 40 -03 PUBLIC HEARING 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 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this bill was brought up before this committee this afternoon and after discussion, the committee made a motion to forward it to the full Council with a favorable recommendation. Mr. Andy Videkovich, Area Plan Commission, no address given, made the presentation for this bill. Mr. Videkovich informed the Council that this bill was initiated by the Area Plan Commission and amends 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 "E" Heavy Industrial Districts. The Area Plan Commission, at its Public Hearing held on June 17, 2003, sent this petition to the REGULAR MEETING JULY 14, 2003 The following individuals spoke in favor of this bill: Mr. Joe Heintzelman, Owner, Oscar's Billiard Club, no address given, advised that his operation opened up six and one half (6 1/2) years ago in South Bend and unfortunately was required to relocate. He stated that Oscar's has a club membership in excess of two hundred (200) people. There are leagues and tournaments and they have held a number of charitable events. Mr. Heintzelman stated that the average age of individuals utilizing his establishment is twenty -five (25) to forty -five (45). In conclusion, he stated that the establishment is kept very clean and organized. Mr. Jeff Dee, Owner, United Beverage Company, no address given, stated that Oscar's Billiard Club is a very upstanding ethical business. He noted that he has personally worked with server training in reducing the possibility of underage consumption in this establishment and has worked in conjunction with fund - raising events. Mr. Dee stated that this establishment is an asset and is a very clean operation. Mr. Ray Simons, LaMonte Terrace, South Bend, Indiana, stated that he has been a member at Oscar's for five (5) years and this operation is superior to other establishments that he has visited. He stated that this establishment is well run and is an asset to the community and he would like to see it continue. Mr. Glenn Howard, Springhill Drive, South Bend, Indiana, advised that he is a member of Oscar's Billiard Club and it is nice to have an adult billiard establishment that is as clean and high class as Oscar's. It is an asset and a great place to entertain clients from out of town. Ms. Chris Berry, Terry Street, South Bend, Indiana, informed the Council that Oscar's has a very nice atmosphere where she feels comfortable and safe. She stated that it is a well -run operation and asked that it be allowed to continue. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 49 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF KESSLER BLVD. FROM KINYON STREET NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 126.6 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET. SAID ALLEY BEING PART OF THE NORTHWEST ADDITION, 3RD PLAT IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported REGULAR MEETING JULY 14, 2003 other efforts, they have proposed to vacate this alley. Both properties adjacent to the alley are owned by property owners who have dedicated their time and efforts into promoting the area. Mr. Kim stated that he is presenting this bill as part of the final stages of the Model Block Program. Mr. Craig Craft, 1111 Kinyon Street, South Bend, Indiana, advised that his property is directly east of the alley area and the two (2) reasons for vacating the alley are safety and security. He noted that there are a number of children in the area that ride their bicycles through the short section of alley and on occasions individuals speed through the alley. He further noted that the intersection of the alley has a privacy fence and there is a large tree on the second corner so it restricts the amount of vision. In regards to the security issue, Ms. Riggs has had her car damaged so she would like to use that section of the alley to be able to park her vehicle. She will use the access to the alley for that purpose. 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 was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to the bill: Mr. Kurt Kaufman, 1120 Rose Street, South Bend, Indiana, informed the Council that he and other neighbors use this alley. He stated that from 1110 Rose Street to 1134 Rose Street, property owners keep up their part of the alley. However, from where they intend to close the alley and further down, the alley cannot be driven through. Also, during the winter, garbage trucks get stuck in that alley. He stated that because debris is thrown into the alley, he uses the side alley to get in and out and it would be a safety hazard if he had to back out into Kessler Boulevard to get out of his property. Mr. Kevin Schermerthom, 1120 West Rose Street, advised that he agrees with Mr. Kaufman's comments. He stated that he uses the alley and last year when the curbs were redone, the driveway leading to that alley was repaved with taxpayer dollars. In regards to the safety concern, he stated that he has children and to some extent there is a safety concern but if the children are not brought up right they are going to go out in traffic and it is not due to the alley. Mr. Schermerthorn stated that without the other end of the alley being cleaned up they have no alternative but to use this alley and that is the route they use. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Kim advised that in terms of taxpayer money going into the paving of the alley, the alley is not paved. He noted that there was a sidewalk approach that was put in as part of the Model Block Program and subsequently the interest to vacate the alley was posed by the petitioners. He noted that there was discussion with the City's Engineering Department to have that approach removed which would further complicate the problem. However, the fellow Petitioner, Ms. Debora Riggs, intends to use the alley approach as a driveway to park her vehicle. Mr. Kim stated that this alley is not the only other access point but it is an auxiliary access point. He acknowledged that often the snow is not plowed there and that service vehicles would not be able to negotiate the turn around the tree in order to even utilize the alley. Mr. Kim stated that there are three (3) or four (4) garages that access into the alley parallel to Kinyon Street between Kinyon and Rose. REGULAR MEETING JULY 14, 2003 In response to a question from Councilmember Varner, it was noted that should this vacation be approved, the east west alley will remain open and a dead -end alley would not be created. Therefore, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made a 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: ATTEST: '�� Loretta . D a, City Clerk g, a' r n mittee of e ole 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 7:28 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9433 -03 AN ORDINANCE 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 SIGNS WITHIN THE "IP" INDUSTRIAL PARK ZONING DISTRICT This bill had third reading. Councilmember Pfeifer 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. 9434 -03 PUBLIC HEARING 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 .. _ -___- �T-.� r'. :rrt rvTr� ♦ t /Y 11TT T/l A T T /lIIT 7-11ll1T REGULAR MEETING JULY 14, 2003 ORDINANCE NO. 9435 -03 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF KESSLER BLVD. FROM KINYON STREET NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 126.6 FEET, MORE OR LESS, AND A WIDTH OF 14 FEET. SAID ALLEY BEING PART OF THE NORTHWEST ADDITION, 3RD PLAT IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3208 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 140 LAKE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR RUFUS AND URSULA CHATMAN WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 140 Lake Street, South Bend, Indiana, and which are more particularly described as follows: Lot 356, Except N 34', 2nd Plat of LaSalle Park Addition Lot 357, 2nd Plat of LaSalle Park Addition Lot 358, 2nd Plat of LaSalle Park Addition Lot 359, 2nd Plat of LaSalle Park Addition Lot 360, 2nd Plat of LaSalle Park Addition and these properties have Key Numbers 18- 4063 -2353, 18- 4063 -2357, 18- 4063 -2361, 18 -4063- 2365, 18- 4063 -2369, respectively, be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and REGULAR MEETING JULY 14, 2003 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the . REGULAR MEETING JULY 14, 2003 SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen L. White Member of the Common Council Mr. Rufus Chatman, 617 North Cushing Street, South Bend, Indiana, made the presentation for this bill. Mr. Chatman reported that five (5) different holes were dug on the land being overseen by the Building Department and they came out one hundred per cent (100 %). He advised that they are scheduled to start digging the crawl space this Wednesday. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak either in favor of or in opposition to this bill, Councilmember King made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3209 -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 2025 S. MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR AXELBERG & AXELBERG, LLC WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 2025 S. Main Street, South Bend, Indiana, and which is more particularly described as follows: Lots 37 to 48 & 14' Vac Alley W & Adj & So 48' Bowman St & Vac Donald St, Bowman's 1St Add. Ireg Tract Beg 14'W & 18'S of SW Cor Lot 36 Bowman's & Being Pt of W1/2 SWl /4 Sec 13-37 - 2E Cont 1.85 Ac +/- and which has Key Number 18 -8011 -0489 and 18- 8012 - 056702, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats +I, ......a..,,..0 :_ -- L._..—__:— -- -3 1"_1 --- __ REGULAR MEETING JULY 14, 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 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 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 of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as 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 ofthe 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 . REGULAR MEETING JULY 14, 2003 Mr. John Axelberg, 1501 East Wayne Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Axelberg stated that he understands that an important consideration for the Council when reviewing a request for tax abatement is the company's pattern of minority hiring. He stated that a Councilmember asked him a very serious question after the Community and Economic Committee meeting this afternoon and he was stunned and floored and did not know how to respond. He advised that he wanted to clarify some of the statistics that the Council has seen. In 2001 and 2002 the EEO listings were based on twelve (12) months of hiring. He stated that this Councilmember noticed a significant decline in the number of minorities that were hired in 2003. He clarified that these numbers are based on five (5) months through the end of May. He further stated that the other point that he would like to make is that it would have been impossible for his company to have enjoyed the success that they have enjoyed over the last decade without the talent and hard work and initiative of many members of South Bend's minority community and to ignore that would have been economic suicide and wrong and they have not done that and absolutely could never afford to. Mr. Axelberg advised that they closed on the acquisition of the Alro Steel building on Thursday. The weld shop will be moved into that building along with the structure steel and tubing fabricating. This is going to make room in the existing facility for a $1 million dollar investment in a 5- kilowatt laser, an eight hundred (800) ton press and feed line which will be in place at the end of August. They also anticipate creating ten (10) full time jobs this year as a result of the project with hopefully fifty (50) over the next five (5) years. Mr. Axelberg stated that he appreciates the Council's consideration of this abatement. Councilmember Pfeifer stated that she is the Councilmember which Mr. Axelberg referred to in his presentation. She stated that she represents the second district and pointed out that when people come before the Council and ask for a tax abatement it is the Council's responsibility to ask any questions that they think are appropriate and she felt that the questions she asked were appropriate. Councilmember Pfeifer stated that she wanted to make sure that Mr. Axelberg knew that she was doing her duty in representing the people that she serves and she wondered why his minority representation went down as the community's numbers of minority people are going up so it was a very valid question. Mr. Axelberg responded that statistically he believes that after a twelve (12) month period the Council will not see any sort of decline. Councilmember Pfeifer reiterated that she wanted Mr. Axelberg to recognize that she asked a valid question. He stated that he did. 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. RESOLUTION NO. 3210 -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 2502 WEST LAWTON STREET AND 201 NORTH OLIVE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL DDnDDDTV'TAV ADA' TL `AdLATTLYInu/l/I0TT'T)•rAATi7 0_ REGULAR MEETING JULY 14, 2003 Lots located at 2502 West Lawton Street numbered sixty (60), sixty -one (61), sixty -two (62), sixty -three (63), sixty -four (64), sixty -five (65), sixty -six (66), and sixty -seven (67) as shown on the recorded Plat of West End Subdivision, within and part of the City of South Bend, recorded August 20, 1901 in Plat Book 8, page 46. Lots located at 201 North Olive numbered North 57.39 F +on Olive x 257" of Lots 11 & 12 & P + S of 33, 32, 31,30 & all of 29 & 14" Vacant Alley West End Subdivision. 60.37 Ft on Olive Street x 261 Foot on Orange being Lot 10 and parts of 11- 30- 31 -32 -33 & 14 Foot Alley West End Subdivision. and this property has Key Numbers 18- 2038 - 1313,18- 2081 - 1325,18- 2038 - 1328,18- 2038- 1300,18- 2038 -1303, 18-2038-1306,18-2038-1306,18-2038-1315, 18-2038-1318,18-2038-1327, 18 -2038- 128701, and 18- 2038 -1289 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et se g., 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et seMc ., 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 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 pursuant to Indiana Code 6 -1.1- 12.1-4.5 et se g., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement ■ REGULAR MEETING JULY 14, 2003 as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. 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 VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. 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 made a motion to consider the substitute version of this Resolution. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon. They did note that in the Resolution that the designation was listed as Olive Road which was incorrect and they changed it to Olive Street and that accounts for the substitute version of this bill. The committee did vote to give the substitute bill a favorable recommendation to the full Council. Mr. Thomas Kinnucan, Jr., 51930 Juniper Road, South Bend, Indiana, made the presentation for this bill. Mr. Kinnucan advised that this abatement is for additional production equipment that will be needed for future growth consisting of two (2) form dies, resistance welder, roller, new test set up and a cut to length line at a cost of approximately two hundred fifty thousand dollars ($250,000.00). It is estimated that they will be able to hire twelve (12) new employees with a payroll addition of about three hundred fifty thousand dollars ($350,000.00). 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 Kelly made a motion to adopt this Resolution as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3211 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE frTTXT /lT? n T-TT -- -Y- 1 -- i"r I ♦ r REGULAR MEETING JULY 14, 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 1030 Portage Avenue and 919 Leland Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1030 Portage Avenue Lot 2 Portage PK 1" 18- 1063 -2717 919 Leland Avenue Lot 99 & 100 40ft N end 18- 1062 -2642 Ea Shetterly PL 3rd 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 se ., 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 SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 etsea., 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 REGULAR MEETING JULY 14, 2003 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 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 REGULAR MEETING JULY 14, 2003 and California which is a gateway going in from the east through the park. The existing structure, which is a duplex will be torn down and replaced with a new structure. 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. BILLS - FIRST READING BILL NO. 50 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE PUBLIC INGRESS /EGRESS EASEMENT TO BE VACATED IS THE FIRST EAST /WEST EASEMENT SOUTH (APPROXIMATELY 177 FEET) OF WASHINGTON STREET FROM MICHIGAN STREET EAST TO ST. JOSEPH STREET FOR A DISTANCE OF 333.70 FEET, MORE OR LESS, AND WIDTH OF 30 FEET. SAID EASEMENT BEING PART OF HALL OF FAME REPLAT OF LOT 5, RIVER BEND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on July 28, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51 -03 FIRST READING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST DOUGLAS ROAD, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly 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. 52 -03 FIRST READING 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 . REGULAR MEETING JULY 14, 2003 BILL NO. 53 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -21, AND SECTION 17 -25 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on July 28, 2003. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $42,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on July 28, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 55 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ST. JOSEPH COUNTY ECONOMIC DEVELOPMENT INCOME TAX IN THE AMOUNT OF $1,000,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COSTS OF REHABILITATION OF PROPERTY CONNECTED WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT 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 Public Hearing and Third Reading on July 28, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 56 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE ROBERT BOSCH BRAKING CORPORATION IN THE AMOUNT OF $1,500,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF T`TAT A ATf" TATr" TTTT) /-%T "1 TT A T TT - A -T - 11 REGULAR MEETING JULY 14, 2003 BILL NO. 57 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE INDIANA DEVELOPMENT GRANT FUND IN THE AMOUNT OF $1,000,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE COST OF REHABILITATION OF PROPERTY CONNECTED- - WITH THE ROBERT BOSCH CORPORATION RETENTION PROJECT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on July 28, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REQUEST TO WITHDRAW BILL NO. 48 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1804 & 2014 WEST WASHINGTON AVENUE, 1610, 1628, 1636 &,-1721 CIRCLE AVENUE AND 218 SOUTH GRANT STREET ALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill at the request of the petitioner. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. M REGULAR MEETING JULY 14, 2003 ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:50 p.m. ATTEST: Loretta . Du , City er ATTEST: /0-� L Karen L. White, President