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HomeMy WebLinkAbout09-08-03 Council Meeting MinutesREGULAR MEETING SEPTEMBER 8, 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, September 8, 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. President White asked for a special moment of silence on behalf of Governor Frank O'Bannon for his speedy recovery and for Tara Hoffinan Qualls, daughter of Maria Qualls, Customer Service Coordinator for the City of South Bend, who passed away this weekend. ROLL CALL COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Roland Kelly David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: Karl King OTHERS PRESENT: ISM District 2nd District 3' District 5r' District 6t' District At -Large Vice - President At -Large At -Large President 4' District Chairperson, Committee of the Whole 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 August 25, 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 August 25, 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. REGULAR MEETING SEPTEMBER 8.2003 Councilmember Coleman advised that this is the Public Hearing portion of the meeting where citizens have the opportunity to comment on bills that are under consideration. He noted that the following procedures will be followed. The title of the bill under consideration is read by the City Clerk. Following the reading there is a report from the committee that considered the bill as part of the Council's business this afternoon. Following the report there is a presentation given by the Petitioner. In cases of zoning it is preceded by a specific report from the Area Plan Commission. Following the presentation by the Petitioner, there is the opportunity for Councilmembers to ask questions. If there are no questions, then the Hearing is open to the public, first those who wish to speak in support of the bill under consideration. Also, those that may have questions are allowed to come to the podium at that time. After those speaking in support of the bill, then individuals wishing to speak in opposition are invited to speak. Individuals must state their name and address for the record. Following these comments the Petitioner has the opportunity for rebuttal. After the rebuttal, the public portion of the Public Hearing is closed and Councilmembers have an opportunity to deliberate over the bill in question and make a determination as to whether they wish to send it favorably or unfavorably to the full Council or to continue the bill until another meeting. PUBLIC HEARINGS BILL NO. 64 -03 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2004 BILL NO. 65 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 66 -03 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Councilmember Aranowski made a motion to hear the substitute version of Bill No. 64 -03. ■ REGULAR MEETING SEPTEMBER 8.2003 the committee is still conducting budget hearings with the various City departments. The Committee will have a recommendation on these bills at the September 22, 2003 meeting of the Council. Mayor Stephen J. Luecke made the presentation for these bills. Mayor Luecke informed the Council that the operating budget covers the costs of providing services to citizens as well as debt service. The capital budget will be submitted in January or early February. Mayor Luecke stated that Bill No. 64 -03 is for the purpose of setting the tax rate to levy the property taxes that are used to help fund operations. It will set a tax rate for the Corporation General Fund, the Park and Recreation Fund, the Fire Firefighters Pension Fund, Policeman's Pension Fund and the Cumulative Capital Development Fund, with a total Civil City rate at $4.0366. The Redevelopment rate of $ 0.1573, is to fund bonds from the Redevelopment Commission for Studebaker and the College Football Hall of Fame. He noted that these rates are a guess because the City has not yet received a certified assessed value for the total property valuation from the Assessor. Mayor Luecke stated that the proposed 2004 budget is balanced and fiscally responsible. It meets the needs of the citizens and the workforce. At a time when other governmental entities have cut back programs and frozen wages, the City is able to fully fund essential services and provide fair compensation for employees. Mayor Luecke further stated that he has been and will be realistic about the current fiscal condition and financial responsibility of the City. While the City is fiscally sound and has growing revenues, it is not flush with resources to do everything. Operating and Capital costs need to be prioritized. Mayor Luecke commended department heads and division managers for the work they have done in putting these budgets together. Mayor Luecke thanked the Council for the attention they are giving during the committee hearings by delving into the details of these various department budgets and understanding how dollars are being expended to serve the residents of the community. Balancing South Bend's needs has never been easy and balancing the needs for next year will continue to be challenging. There are many reasons for this and many of those challenges are out of the control of the City. The City faces escalating medical, pension and liability costs. Mayor Luecke stated that this budget includes all operating expenses as well as debt service. It does not include new capital requests. The property tax levy increase assumes the maximum allowable increase in the levy to support the operations of the Civil City. The General Fund revenues including property taxes are expected to increase by about $2.9 million. For the first time gaming revenues appear in the budget and add about six hundred eighty -three thousand ($683,000.00) because of action taken by the state legislature last year. Police and Fire pensions continue to experience annual funding shortfalls which the City has been able to supplement in the past with some special distributions from the state as well as the General Fund. The drop retirement option program also adds a challenge. This is a deferred retirement option program that allows police and firefighters to announce a retirement date up to three (3) years in the future and to begin accumulating a cash payout that can be taken at retirement. After declining from $5 million in 1999 to $1.3 million last year, Local Roads and Streets has an increased funding to $3.3 million for 2004. Mayor Luecke noted that budgeting guidelines were provided to the department heads and division managers and for the second straight year they were asked to hold supplies to a zero per cent (0 %) increase and were asked for a zero per cent increase in other services. Last year a one and one half REGULAR MEETING SEPTEMBER 8,12003 Mayor Luecke noted that the 2004 budget includes four (4) funds that are not able to balance revenues and expenditures and will need to rely on fund balances. These include Police and Fire Pension Funds, Century Center and the Consolidated Building Fund. The Council has already reviewed the Building Fund budget and there has been discussion about the need for additional personnel in the Building Department based on changes in the zoning ordinance. The Council will be provided with an amended Building Fund budget in the next week to review in further detail. Mayor Luecke stated that Century Center has always done an excellent job of containing their costs. They have also seen an increase in health care costs and do not have a lot of different areas from which to draw and meet those demands. The City is working with Century Center to find ways to help them make their budget and may end up being sustained through dollars from the General Fund to get through this time period. The EDIT and COIT dollars that the City is projected to receive this year will decrease approximately four per cent (4 %) or about three hundred seventy -five thousand dollars ($375,000.00) due to lower individual and business income. This does not affect the Operating Budget as much as the Capital Budget. Additionally, Mayor Luecke advised that the City has a true Pension Plan and not a 401k Plan in that the true Pension Plans have a guaranteed payout each year. Mayor Luecke thanked the Council for their attention to these budget issues. He stated that he believes that this is an excellent budget that meets the needs of the citizens and helps to continue to build a 21st Century City by providing for public safety and a clean city for new growth and development. The Mayor asked for the Council's favorable support as they move forward with the budget process. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council in favor of this bill. The following individuals spoke in opposition to this bill: Mr.. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, stated that he attended one of the budget hearings and saw no commitment to budget cutting. He questioned the use of COIT funds for the Mayor's after school program noting that the funds were only to be used for public safety, neighborhoods and public works. He noted that the City paid four hundred twenty -nine thousand dollars ($429,000.00) for the demolition of Oliver School which should have been demolished by the school corporation. He also stated that the budget contains nine (9) new positions for a total of three hundred sixty six thousand seven hundred four dollars ($366,704.00). He asked why the Executive Director and Manger -Sales for the Hall of Fame are in the current budget when the NFF is paying operating costs of the Hall. Also, the budget shows payment of two (2) taxes to the NFF. The Hotel Motel Tax and Professional Sports Development Fund will generate eight hundred twenty -nine thousand dollars ($829,000.00), a forty per cent (40 %) increase over the last five (5) years. Mr. Cierzniak asked for a fresh approach to City spending. Basic services provided by police, fire and street personnel are high priority items for taxpayers. Quality of life organizations and programs should be left to the private sector. In conclusion, Mr. Cierzniak asked for the defeat of this budget. D 1 M REGULAR MEETING SEPTEMBER 8, 2003 on fifty -eight (5 8) lights. She further stated that there are dead trees on the bridge to nowhere. Also, there are seventeen (17) dead trees on Miami Street and twenty -six (26) dead trees outside the Water Works on Main Street. Ms. Boaler talked about the recent storm damage noting that the City removed all the branches from the tree lawn but left the trunks upright on the treelawn. In Blackthorn, lights burn every eight (80) paces and in Twyckenham Hills they have maybe one (1) every three (3) blocks. She was told that sewage, water and hydrants to the Carriage House on Adams Road are to enable future annexation and noted that the City is expending this money there and is not taking care of the sewers in the City. Ms. Boaler informed the Council that there are eleven (11) hydrants on Olive Road and eight (8) on Adams. Mayor Luecke advised her that all of this would be paid for from the TIF District. She noted however that there are many empty buildings in that district. Ms. Boaler stated that the City is wasting an enormous amount of money in this community and it is shameful that with the times so hard for the local citizens there is talk about increasing taxes and not lowering them. There was no one else present wishing to speak in opposition. In rebuttal, Mayor Luecke stated that Oliver School was no longer owned by the South Bend Community School Corporation but was owned by someone who had no resources to either fix it up or tear it down. After much consultation with the neighbors and support from the district Councilmember, it was felt that it was an appropriate investment for the City to tear down a dangerous building. It is expected that there will be future development at that site. In regards to the Hall of Fame positions listed in the budget, that will be dealt with when that ordinance comes up. It was an oversight and the City is not paying for those positions. There are no budgeted dollars for these positions and they will be amended out of the salary ordinance. Mayor Luecke stated that many of the expenditures raised by Mrs. Boaler have to do with capital expenditures and that is not being covered in the budget tonight. He stated that he would disagree with the characterization of the new distribution center at Olive and Sample. It will be the site of hundreds of new jobs that are important for this community and will stir additional investment in the community as well. Councilmember Aranowski thanked City Controller Rick 011ett and his staff for all their work as well as department heads for meeting the guidelines that were set out and for the presentations that have been completed. He noted that the Council looks forward to going through the budget hearings the rest of the week. Councilmember Aranowski made a motion that substitute Bill No. 64 -03 and Bill Nos. 65 -03 and 66 -03 be continued in the Council portion only and be set for Third Reading on September 22, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 51 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST DOUGLAS ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. REGULAR MEETING SEPTEMBER 8, 2003 Residential, "A" Height and Area and land in Mishawaka zoned "S -2" Planned Unit Development. To the south is land in South Bend zoned "A" Residential , "A" Height and Area. To the east is vacant land in the county zoned "R" Residential. To the west is vacant land in South Bend zoned "A" Residential, "A" Height and Area. The land located in South Bend north of the site is zoned "A" Residential but has a rezoning pending to "C" Commercial. Access to the site is from a common access drive off of Douglas Road. Access to the property to the south will still have to be provided. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is 1.28 acres. Of that, the buildings will occupy 7.1 per cent of the site, parking and drives will occupy 62.5 per cent of the site and open space will occupy 30.4 per cent of the site. A check of the Agency's maps indicates that no public wells, wetlands, or flood areas are present. The Uniroyal Superfund Site is located near the petition area. The site plan is preliminary. The City Engineer needs to see a final site plan before construction can begin. The Area Plan Commission, based on its Public Hearing held on August 19, 2003, sent this petition to the Common Council with a favorable recommendation subject to a final site development plan. In April of 2003 the zoning on this property reverted from "O" Office. Given the other commercial uses and zoning in the immediate area, the Commission staff feels that the proposed rezoning is proper for this site. Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, representing the Petitioner, Mr. Richard LaFree and the Contingent Purchasers, Mark and Debbie Shubert, made the presentation for this bill. Mr. Danch advised that this rezoning is for property in the 3500 block of Douglas Road. The site plan shows one single building which will be a two (2) level structure. One (1) access will be off of Douglas Road where the existing drive is located. The building itself will contain eight thousand (8,000) square feet. Of that, three thousand (3,000) feet will contain a retail space and the remaining portion of the building will be for a small dance studio. The building is located toward the western portion of the site. The site plan shows parking for eighty -six (86) spaces. He noted that the South Bend Zoning Ordinance requires a dance studio to be based on the maximum design capacity of the building itself. Even though this will be a small dance studio, it would still require almost one hundred (100) spaces. Therefore, they hope to get a variance from the South Bend Board of Zoning Appeals for this dance studio and get the requirement down to approximately sixty (60) spaces. Mr. Danch advised that the proposed building will be connected to municipal water and sewer from the City of Mishawaka that is already adjacent to the site and runs along Douglas Road. The site plan shows extensive screening which is required by the Zoning Ordinance of the City of South Bend. It will be provided along the west, south and east lines of the property. All the site improvements will meet latest City of South Bend drainage standards. 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 Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. 1 Ll M REGULAR MEETING SEPTEMBER 8, 2003 Councilmember Kuspa made a motion to amend the title of this bill by adding the word "West" between 608 and Calvert. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Jeff Myers presented the Area Plan Commission report. Mr. Myers advised that the Petitioner is requesting a zone change from "D" Light Industrial, "A" Height and Area to `B" Residential, `B" Height and Area to rent out the present three (3) apartment units and convert the front space to a fourth apartment unit. The property contains a vacant building which has previously been used as a mix use of commercial and residential. Located to the north are single family homes and a mixed use building zoned "A" Residential, "A" Height and Area. Located to the south and east are single family homes zoned "A" Residential, "A" Height and Area. To the west are single family homes and a commercial building zoned "D" Light Industrial, "A" Height and Area. Access to the site is from Calvert Street. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is four thousand eight hundred (4,800) square feet. Of that, the buildings will occupy 35.5 per cent of the site. Parking and drives will occupy 64.5 per cent of the site. There is no open space. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The City Engineer advised that a drainage plan is required at the final site plan stage. Also, the roof drains will need to be disconnected from the combined sewer. The Area Plan Commission, based on its Public Hearing held on August 19, 2003, sent this Petition to the Council with a favorable recommendation subject to a final site development plan. This proposed use is significantly less intense than what is allowed under the current zoning of "D" Light Industrial. Furthermore, this building is abandoned and in disrepair. This petition will hopefully improve a negative aspect of the community. Mr. Keith Kurowski, 13 8 01 Green Meadow Court, Granger, Indiana, made the presentation for this bill. Mr. Kurowski advised that he is the current owner of this property and it is his intention to rezone it from "D" Light Industrial to "A" Residential in order to use it as a rental property. He stated that it will revitalize this street and serve a purpose by offering housing to the people in this area. The property has been vacant for the last one and one half (1 %2) years and needs a lot of work on which he has already started. 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 and amended. Councilmember Pfeifer seconded the motion. Councilmember Kuspa noted that it is nice to see an empty building or buildings that have not been used for years being put back into service and this will be a very nice asset to the neighborhood and he supports this effort. The motion carried by a voice vote of eight (8) ayes. REGULAR MEETING SEPTEMBER 8, 2003 AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Kuspa made a motion to continue this bill until the September 22, 2003 meeting of the Council at the request of the Petitioner. Council President White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 59 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2004, 2005, 2006 AND 2007 Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Council President Karen L. White, 1912 Malvern Way, South Bend, Indiana, made the presentation for this bill. President White advised that in preparation for the 2004 budget she invited each of the Councilmembers to provide input on the proposed four (4) year salary ordinance. The four (4) year term is consistent with the policies established by past Councils. In light of the request for reductions in the budget for 2004, the salaries for the Councilmembers for calendar 2004 reflect a zero per cent (0 %) increase. A 1.75% increase has been proposed for years 2005, 2006, and 2007. The budget further reflects a four per cent (4 %) increase for the Council Attorney which is consistent with the increases proposed for non - bargaining employees. The Council Attorney does not receive medical insurance. President White recommended that the budget for "additional legal professional services" be maintained at the same level as in the past in light of the fact there will be negotiations with the Firefighters Union in 2004. President White also indicated that the Council has taken on additional responsibilities with the creation of the Youth Advisory Council. Additionally, the Council will also be updating the Council brochure which has become a very popular educational guide for neighborhood groups, businesses and the public. President White noted that projects like these enhance the Council's ability to be able to keep in tough with members of the community and it also gives them additional opportunities to share information about the Council. President White asked for the Council's support of the proposed 2004 Common Council budget at this time. 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 this bill: II REGULAR MEETING SEPTEMBER 8, 2003 democratic leadership. Mr. Cierzniak stated that alley vacations and abatements are good but there is more to the job than that. Ms. Joyce Boaler, address on file in the City Clerk's office, stated that she objects to one of the highest paid Indiana Councils giving themselves yet another raise. She noted that Beverlie Beck who was on the Council many years ago worked for her salary helping in neighborhoods in natural disasters. She asked where this Council was when in Twyckenham Hills they had a disaster a week ago during the recent storm. They were not on her street. Twyckenham Hills was without electricity for six (6) to seven (7) days. Ms. Boaler stated that she knew that the rotting food in the refrigerators would be a problem so she called the Mayor's office and presented her idea that there should be an immediate garbage collection on Friday. Mr. Boaler thanked the Mayor for carrying this idea out as it was appreciated. She noted that in past years the Council has helped. This time none of the Council was seen or anyone from the Mayor's office. She asked that they think about this in the event of another disaster. In regards to the salary increases, Ms. Boaler stated that they are unnecessary. The Council has health care coverage and a pension. There are people in the community who are paying these salaries that have far less than that to live on. Many are living below the poverty line. In conclusion, Ms. Boaler stated that the Council salaries are out of line and she objects. There was no one else present wishing to speak in opposition to this bill. In rebuttal, President White stated that clearly the Council budget is very low. The first year they are asking for zero per cent (0% ) and 1.7% per year for the following three (3) years. She noted that the budget request is in line and consistent with past Councils. In regards to the comments about storm cleanup, President White stated that she and other Councilmembers were working during the storm. They might not have been seen in the Twyckenham area but they were working and many were involved in assisting the City. President White asked for the Council's favorable support of the 2004 Common Council budget. Councilmember Kirsits informed Mrs. Boaler that there were a lot of Councilmembers working trying to find areas where roads were impassable and the City employees did a fantastic job. He stated that his decision to vote against this bill this evening is because he never felt comfortable, when the national economy is in a tight squeeze and the State of Indiana with the reassessment of the property taxes the way it is, that legislative bodies vote themselves a raise. It is a matter of example. He stated that he has done some research and the South Bend Common Council salary is a good salary at this point. Many City employees are underpaid and that is reflected by all departments having trouble keeping good employees because they go to other governments or other private sector employment. He stated that they need to hold the line and should not vote for a wage increase. Councilmember Kirsits stated that he will be voting against this bill. He noted that this Council does work very hard and everyone deserves everything they get. Councilmember Varner stated that he views this bill from a different perspective. A lot of what has been said is true to the degree that Councilmembers do not spend as much time as some think they should. He further stated that he believes that South Bend should have full time Councilmembers. This would allow someone to be downtown every day and not just after they leave their office. The only way the City of South Bend will ever have a Council that really expresses itself and works to the full benefit and full extend of its statutory limitations is when fh rY ;c n {-.,11 4;mo REGULAR MEETING SEPTEMBER 84 2003 Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) ayes and one (1) nay vote by Councilmember Kirsits. BILL NO. 67 -03 PUBLIC HEARING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2004 Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mayor Luecke made the presentation for this bill. Mayor Luecke offered an amendment to this bill by asking that the positions of Executive Director - Hall of Fame and Manager -Sales Hall of Fame be deleted from the ordinance as these positions are no longer part of the City's payroll. Councilmember Aranowski made a motion to consider the amended version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Mayor Luecke asked for the Council's favorable consideration of this amended ordinance. The salaries listed are maximums in each category. The non - bargaining increase is four per cent (4 %) across the board. There are a few positions which have a larger increase due to increased responsibilities in those positions. In response to a question asked earlier in the day, he noted that eight (8) positions, not categories, have been eliminated. Ten (10) spots were added and eighteen (18) were deleted for a net savings of around two hundred twenty -seven thousand dollars ($227,000.00). Mayor Luecke stated that employees work extremely hard and effectively for residents and citizens and he is pleased to be able to offer a raise of four per cent (4 %) for these individuals. 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 individual spoke in opposition to this bill: Ms. Joyce Boaler, address on file in the City Clerk's office, stated that she obj ects to many of these salaries. More than twenty -five (25) of the categories are getting over fifty thousand dollars ($50,000.00). There are nine (9) attorneys on the staff. An engineer will receive a 14.07% increase and another a 6.7% increase. City employees pay thirty -six dollars ($36.00) for single health care coverage and ninety -four dollars ($94.00) for family health care coverage which is a plus. They also receive a fifteen thousand dollar ($15,000.00) life insurance policy. There is also a ten per cent . REGULAR MEETING SEPTEMBER 8, 2003 ($11,690.00) a year and eight thousand five hundred (8,500) live on less than fifteen thousand dollars ($15,000.00) a year. There was no one else present wishing to speak in opposition of this bill. In rebuttal, Mayor Luecke informed the Council that he appreciates their attention to detail in these ordinances. The Engineer position showing a fourteen per cent (14 %) increase is due to real growth in the job by the person that fills that position but it also eliminated another position. There was consolidation of work being done that warranted the raise in this instance. Mayor Luecke stated that he is proud of the work that City employees do. He praised the extraordinary work that was done during the recent storm clean up noting that the way people pulled together and the teamwork and coordination of that effort by supervisors and everyone carrying out the plan is a great example of the way the City employees respond day in and day out. They certainly warrant the increase that is proposed for them. Mayor Luecke asked for the Council's favorable consideration. Councilmember Kirsits stated that he noticed that City employees that are part of the non - bargaining group do not have the opportunity to sell back unused sick time or flex time that they accumulate much like the police and fire bargaining units. He asked if that option has been explored. Councilmember Kirsits further stated that it is unfair for long time City employees that are getting ready to retire and have a lot of sick time because they have been good employees and have not used this time not to be able to get that benefit. Mayor Luecke stated that this has not been looked at. He noted that the bargaining units have bargained for that benefit and obviously it is one of the benefits for being within a bargaining unit. Mayor Luecke stated that for non - bargaining employees vacation and sick days do not accumulate as they are to be used in the year and if they are not used within the year they do not roll over into the next. He stated that it is not that the City wants to encourage people to be sick but it is available for when people are sick or needed for family medical leave but there is not an accumulation of that for the non - bargaining. Mayor Luecke stated that he appreciates the suggestion. Councilmember Kirsits asked the Mayor if this was something that could be looked at and perhaps money could be transferred and the merit bonus money could be used toward this benefit as he believes that these employees should be rewarded. Mayor Luecke stated that he appreciates the suggestion and would be glad to have further discussion with him on this issue. Councilmember Kirsits stated that he is in favor of the four per cent (4 %) increase in salary for non- bargaining City employees. Councilmember Aranowski invited Councilmember Kirsits to bring the issue of sick time buy back for non - bargaining employees to the Personnel and Finance Committee if he so desires. Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill as amended. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Kuspa made motion to rise and report to the full Council. Council President White ao __A_a 41.0 sv.. +4 _ _1-: -L. .....W..,.] L__ - _'_'__ _­_ _ 0 _ _I , ins REGULAR MEETING SEPTEMBER 8, 2003 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 8:15 p.m. Council President Karen L. White presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9447 -03 AN ORDINANCE 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 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 eight (8) ayes. ORDINANCE NO. 9448 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 WEST CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as amended. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted and amended. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9449 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEARS 2004, 2005, 2006 AND 2007 This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay by Councilmember Kirsits. ORDINANCE NO. 9450 -03 AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2004 This bill had third reading. Councilmember Coleman made a motion to consider the amended ■ REGULAR MEETING SEPTEMBER 8, 2003 RESOLUTIONS RESOLUTION NO. 3240 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4521 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR IMAGINEERING PROPERTIES, L.L.C. 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 4521 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 27 H.G. Baus Centre Phase Three Recorded on January 4, 2001, number 0100498. The lot contains 8.67 acres. and which has Key Number 25 -1010- 036104, 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 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 ten (10) 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. REGULAR MEETING SEPTEMBER 8, 2003 Mr. F. James Hammer, President, Imagineering Properties, 1302 West Sample Street, South Bend, Indiana, made the presentation for this bill. Mr. Hammer advised that Imagineering and Global Consulting and Metal Finishing Company is requesting favorable consideration of tax abatement for this $4 million dollar state of the art construction project. This project will create six (6) jobs in year one for a total of one hundred ninety thousand ($190,000.00) DOLLARS in salaries and will maintain fifty (50) existing j obs with a current payroll of $1.8 million dollars. 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 Aranowski made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3241 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 533 SOUTH CHAPIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: ROSE FUEL & MATERIALS, 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 533 South Chapin Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Southeast and Southwest Quarters of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at a point which is N. 00 ( - 00' -36" W., 745.18 feet more or less and N. 89( - 48'59" W., 4.37 feet more or less and N. 00( - 11' -01" E., 63.50 feet more or less from the Southwest corner of the Southeast corner of the Southeast Quarter of said section 11; thence N. 00( -00'- 36" W., 160.00 feet more or less; thence N. 89( - 59' -49" W., 298.90 feet more or less; thence N. 00( - 03'37" E., 244.59 feet more or less; thence N. 40(- 34' -11" E., 61.77 feet more or less to the Southerly line of proposed Oliver plow Court; thence around a 60.00 foot radius curve to the left and arc distance of 103.60 feet more or less to the end of a chord which bears N. 81( - 06' -23" E. and having a distance fl REGULAR MEETING SEPTEMBER 8, 2003 247.68 feet more or less to the end of a chord which bears N. 80( -06' -16" E. and having a distance of 47.45 feet more or less; thence N. 89( - 59' -49" E., 67.22 feet more or less; thence around a 138.00 foot radius curve to the right and arc distance of 32.01 feet more or less to the end of a chord which bears S. 83( - 21' -09" E. and having a distance of 31.94 feet more or less; thence S. 00(- 03' -37" W., 558.85 feet more or less; thence N. 89( - 59' -49" W., 210.59 feet more or less to the point of beginning. Containing 4.84 acres more or less. Subject to all legal highways, easements and restrictions of record. and which has Key Number 18- 3061 -2351, 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 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 Mr. Jay Harwood, 14374 North Hampton Drive, South Bend, Indiana, representing Rose Fuel and Materials, made the presentation for this bill. Mr. Harwood advised that they are planning to purchase a five (5) acre parcel in the Oliver Plow Industrial Park and will build a fifteen thousand (15,000) square foot warehouse. There will also be a four (4) acre paved lot for materials plus the renovation of the Oliver Boiler House. The total expenditure will be $1.3 to $1.4 million dollars. They will immediately create one (1) new job with REGULAR MEETING SEPTEMBER 8, 2003 illustrations that job growth and business growth comes from within the community. He stated that the Council is happy to support these initiatives for growth and they congratulate them. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3242 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6130BRIDGETON ROAD RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH & MARIA SAVIANO WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 6130 Bridgeton Road, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Twenty -Five (25), Kesington Farm East Section Six, Part Two as recorded in the office of the Recorder of St. Joseph County, IN and these properties have Key Number 23- 1051 -3278 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 objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the ■ REGULAR MEETING SEPTEMBER 8, 2003 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 date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council REGULAR MEETING SEPTEMBER 8, 2003 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3243 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904, 1908, 1912, 1916,1920,1924, 2002, 2006, 2010 AND 2014 S. PHILIPPA RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH SAVIANO WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1904 S. Philippa, 1908 S. Philippa, 1912 S. Philippa, 1916 S. Philippa, 1920 S. Philippa, 1924 S. Philippa, 2002 S. Philippa, 2006 S. Philippa, 2010 S. Philippa and 2014 S. Philippa, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Two Hundred and Thirty Four (234), Two Hundred and Thirty Three (233), Two Hundred and Thirty Two (232), Two Hundred and Thirty One (231), Two Hundred and Thirty (230), Two Hundred and Twenty Nine (229), Two Hundred and Twenty Eight (228), Two Hundred and Twenty Seven (227), Two Hundred and Twenty Six (226) and Two Hundred and Twenty Five (225) Highland Park 2nd Addition as recorded in the office of the Recorder of St. Joseph County, IN and these properties have Key Numbers 18- 8097 - 3701,18- 8097 - 3702,188097- 3703,188097 -3704, 18- 8097 -3705, 18- 8097 -3706, 18- 8097 -3707, 18- 8097 -3708, 18- 8097 -3709 and 18- 8097 -3710 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 objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, . REGULAR MEETING December 8,1997: SEPTEMBER 8, 2003 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 date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. REGULAR MEETING SEPTEMBER 8, 2003 Mr. Saviano advised that he will be constructing ten (10) single family residential homes of approximately eight hundred (800) to one thousand (1,000) square feet in size. They will be two (2) and three (3) bedrooms, one (1) bath, full basement or crawl space and a single car garage. The approximate value will be about seventy -five thousand dollars ($75,000.00) per unit for a total project of seven hundred fifty thousand dollars ($750,000.00). 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 Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3244 -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 1915, 1919, 1923, 2001, 2005 AND 2023 S. PHILIPPA STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH PANZICA WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 1915, 1919, 1923, 2001, 2005 and 2023 S. Philippa Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 1915 S. Philippa Lot 238 Highland Park 2nd Addition 1919 S. Philippa Lot 239 Highland Park 2nd Addition 1923 S. Philippa Lot 240 Highland Park 2nd Addition 2001 S. Philippa Lot 241 Highland Park 2nd Addition 2005 S. Philippa Lot 242 Highland Park 2nd Addition 2023 S. Philippa Lot 246 Highland Park 2nd Addition 18- 8097 -3692 18- 8097 -3693 18- 8097 -3694 18- 8097 -3695 18- 8097 -3696 18- 8097 -3700 be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et 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 M., and South Bend Municipal Code Sections 2 -76, et se ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and M REGULAR MEETING SEPTEMBER 8, 2003 tax abatement and the Statement of Benefits 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 or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement ofBenefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under T"A;i "o ! -A. < 1 1 1 7 1 2 REGULAR MEETING SEPTEMBER 8, 2003 calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kelly, Vice- Chairperson, Community and Economic Development Committee, reported that this committee held a Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Joseph Saviano, 18457 Kern Road, South Bend, Indiana, made the presentation for the bill. Mr. Saviano advised that he is the owner of Classic Builders and will be constructing six (6) residential homes on these lots. Size will range from eight hundred (800) to one thousand (1,000) square feet, two (2) and three (3) bedroom, one (1) bath, single car garage, some on basements, some on crawl spaces. These projects will range from about seventy thousand dollars ($70,000.00) to seventy -five thousand dollars ($75,000.00) with total construction cost of about four hundred fifty thousand dollars ($450,000.00). Councilmember Coleman noted that technically Mr. Panzica is the Petitioner and asked Mr. Saviano to clarify his relationship with him. Mr. Saviano advised that Mr. Panzica is his father -in- law. He stated that he is authorized to speak on this matter this evening. Council Attorney Kathleen Cekanski - Farrand asked Mr. Saviano to file a Power of Attorney tomorrow with the City Clerk's office verifying that fact so the Council can move forward on this matter. 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3245 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE ­XT �r [+/ITTTTT T)LIATTI T%10QT!1_RTA'PTAT1'! r _PurreT1T REGULAR MEETING SEPTEMBER 8.2003 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 area commonly known as 2215 Topsfield Lane, Topsfield Subdivision South Bend, Indiana, and which is more particularly described as follows: Lot 19, Exc W 14'& Tri Tr NW Cor to R/W Topsfield 31 Add and which has Key Number 26 -1001- 000122, 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 of Benefits 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 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 REGULAR MEETING SEPTEMBER 8, 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 of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen L. White Member of the Common Council Councilmember Kelly, Vice- Chairperson, Community and Economic Development Committee, .� .� .. 1 1 1 _ — 1-1'- TT___-*__— _._ L1_._ 111 41..... --A A n _l ; + +A +YIP 6,11 REGULAR MEETING SEPTEMBER 8, 2003 three (3) bedrooms, two and one -half (2 1/2) baths, great room, dining room and kitchen with a full unfinished basement. The estimated cost of this project is two hundred fifty thousand dollars ($250,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 70 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF CATALPA AVENUE FROM INDIANA AVENUE NORTH TO THE FIRST EAST /WEST ALLEY. A DISTANCE OF 120 FEET, AND A WIDTH OF 14 FEET, BEING A PART OF RAFF'S 3RD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Pfeifer 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 September 22, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 71 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 72 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1314 CALIFORNIA AVE. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of .;-I,+ [Q� ,,, REGULAR MEETING SEPTEMBER 8, 2003 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on October 13, 2003 and Third Reading on October 27, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 74 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST STREET TO BE VACATED IS A PORTION OF CIRCLE AVENUE FROM THE NORFOLK AND WESTERN RAILROAD RIGHT -OF -WAY TO THE SOUTH RIGHT - OF -WAY LINE OF WASHINGTON AVENUE, FOR A DISTANCE OF 770 FEET, MORE OR LESS, AND A WIDTH THAT VARIES FROM 15 FEET TO 80 FEET. THE SECOND STREET TO BE VACATED IS ALSO A PORTION OF CIRCLE AVENUE FROM THE PENN CENTRAL RIGHT -OF -WAY TO THE NORTH /SOUTH PORTION OF SAID CIRCLE AVENUE FOR A DISTANCE OF 400 FEET AND A WIDTH THAT VARIES FROM 20 FEET TO 35 FEET. BOTH PARTS OF SAID STREETS BEING A PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 September 22, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 75 -03 FIRST READING ON A BILL 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 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS COMMENTS BY COUNCILMEMBER VARNER REGARDING RECENT STORM CLEANUP Councilmember Varner stated that in light of the circumstances regarding the recent storm a week ago, he thanked the City department heads for the efforts of the Police, Fire, Street and Park Departments. He stated that they did a great job and it was a tough situation. He - - - - .. . ..... 1 .,- - � - - - - - �' -- ._ �1_ c4_ rt„+ REGULAR MEETING SEPTEMBER 8, 2003 HAPPY BIRTHDAY TO COUNCILMEMBER KUSPA Upon a motion made by Councilmember Coleman, seconded by Councilmember Kelly and carried, members of the Council wished Councilmember Kuspa a Happy Birthday. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JOHN SWANSON REGARDING CITY PARKS Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, addressed Councilmember Coleman noting that the Park Department has been having meetings regarding the future plans of the parks. Mr. Swanson stated that this is the time for citizens to galvanize and get the plan off the ground about a basketball court. He stated that the town needs a basketball center. He noted that kids are segregated and when they meet in clubs, the ball park or high schools they hate each other for no reason. If there was a City wide state of the art community center that was open twenty -four (24) hours a day, not for a specific side of town, concentrating on basketball, it would do the City good for the future of the City. He stated that he will remind the Council again about this issue. Councilmember Coleman announced the following district meetings for the Park Master Plan: Thursday September 11th O'Brien Monday September 15th Pinhook Pavilion Tuesday September 16th Potawatomi Zoo Education Room Councilmember Coleman stated that it has been estimated that the City is forty (40) basketball courts short. The Parks Committee of the Council has a consideration for major capital improvements for additional courts and there is ongoing discussion about that as well. He stated that he is also pleased to report that the River City Basketball Program thrives at the Charles Black Center and there are many youth taking advantage of that program. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:45 p.m. ATTEST: ATTEST ::