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HomeMy WebLinkAbout09-22-03 Council Meeting MinutesREGULAR MEETING SEPTEMBER 22, 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 22, 2003, at 7:00 p.m. The meeting was called to order by Vice - President Sean Coleman and the Invocation and Pledge to the Flag were given. Vice - President Coleman asked for a moment of silence in remembrance of Mr. Dan Lewandowski, Park Department employee, who passed away this morning. ROLL CALL COUNCILMEMBERS: Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Absent: Karen L. White OTHERS PRESENT: 1" District 2nd District 3rd District 4th District Chairperson, Committee of the Whole 5` District 6' District At -Large Vice - President At -Large At -Large President Kathleen Cekanski- Farrand Council Attorney Loretta J. Duda City Clerk Sandra M. Parmerlee Chief Deputy City Clerk Janice I. Talboom 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 September 8, 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 King made a motion that the minutes of the September 8, 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. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Pfeifer made a motion to resolve into the Committee of the Whole. REGULAR MEETING SEPTEMBER 22, 2003 PUBLIC HEARING - COUNCIL PORTION ONLY 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 King noted that on September 8, 2003, the Council conducted the public portion of the Public Hearing on Bill Nos. 64 -03, 65 -03 and 66 -03 and the Hearing was continued until today in the Council portion only. Councilmember Aranowski advised that the Personnel and Finance Committee convened this afternoon and sends these bills to the full Council with favorable recommendations. Councilmember King noted that during committee meetings this afternoon regarding Substitute Bill No. 64 -03, Mayor Luecke advised that he may have inadvertently made a misstatement during his presentation and he would like the opportunity to clarify that this evening. Mayor Luecke stated that during the Public Hearing on September 8, 2003 regarding Substitute Bill No. 64 -03 which sets the tax rates to raise dollars for purposes of funding Civil City expenditures during 2004, he read the rates from the original bill rather than the substitute bill and would like to read into the record the correct rates as follows: Total Civil City Rate $3.8283 Total Redevelopment Rate $0.1285 ■ REGULAR MEETING SEPTEMBER 22, 2003 Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Aranowski made a motion to send Bill No. 65 -03 to the full Council with a favorable recommendation. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Aranowski made a motion to send Bill No. 66 -03 to the full Council with a favorable recommendation. Councilmember Coleman seconded the motion. Councilmember Varner advised that Bill No. 66 -03 contains and continues to contain the request for funding without adequate accountability on the part of this Council and ends up being just a transfer. He stated that he does not question that there has been a contractual arrangement but questions whether the Council is fulfilling its obligation to actually meet the accountability standards that are established for so many other disbursals and funds and for that reason he will not support the passage of this bill. The motion carried by a voice vote of seven (7) ayes and one (1) nay vote by Councilmember Varner. PUBLIC HEARINGS BILL NO. 70 -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 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 Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation as amended. Council Attorney Kathleen Cekanski- Farrand read into the record the following amendment: New Section V: This vacation shall be subj ect to the Petitioner providing an Easement Agreement acceptable to the City's Department of Public Works which provides for a minimum ten foot (10') setback available for utility vehicle turning. Attorney Cekanski- Farrand noted that she has spoken to the Petitioner and he is agreeable to this amendment. Councilmember Coleman made a motion to accept this amendment as read. Councilmember Varner REGULAR MEETING SEPTEMBER 22, 2003 Councilmember Kuspa stated that he understands that Mr. Kendall plans to install a fence around the property and asked if that was around both lots. Mr. Kendall stated that Lot 950, where the house is located, already has a privacy fence. 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 Coleman 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. BILL NO. 74 -03 PUBLIC HEARING 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 Councilmember Coleman made a motion to postpone this bill until the October 13, 2003 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 62 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003 (KITE CAPITAL, LLC /ERSKINE VILLAGE PROJECT)" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO At the request of the Petitioner, Councilmember Coleman made a motion to postpone this bill until . REGULAR MEETING SEPTEMBER 22, 2003 Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee met this afternoon and sends this bill to the Council with a favorable recommendation. Mr. Tim Williams, 1149 Wilber Street, South Bend, Indiana, representing the City of South Bend, made the presentation for this bill. Mr. Williams advised that this increase from five dollars ($5.00) to ten dollars ($10.00) will bring the parking fine in line with other municipalities in Indiana which were surveyed. He noted that the ten dollar ($10.00) fine is for the first fourteen (14) days and after that it will go up to twenty dollars ($20.00). 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: Lore J. D a, Ci Clerk 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 7:20 p.m. Council Vice - President Sean Coleman presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9451 -03 AN ORDINANCE 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 This bill had third reading. Councilmember King made a motion to consider the substitute version REGULAR MEETING SEPTEMBER 22, 2003 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 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9453 -03 AN ORDINANCE 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 This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes and one (1) nay by Councilmember Varner. ORDINANCE NO. 9454 -03 AN ORDINANCE 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 third reading. Councilmember Varner made a motion to consider the amended version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Pfeifer made a motion to pass this bill as amended Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. AGENDA AMENDED Councilmember Kelly made a motion to amend the agenda to include for Third Reading Bill No. 69 -03 which was heard in the Committee of the Whole but did not appear on the agenda for Third Reading. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) p REGULAR MEETING SEPTEMBER 22, 2003 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS: RESOLUTION NO. 3246 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1915, 1919, 1923, 2001, 2005 AND 2023 S. PHILIPPA STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH PANZICA 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 1915, 1919, 1923, 2001, 2005 and 2023 S. Philippa Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: 1915 S. Philippa 1919 S. Philippa 1923 S. Philippa 2001 S. Philippa 2005 S. Philippa 2023 S. Philippa Legal Description: Lot 238 Highland Park 2nd Addition Lot 239 Highland Park 2nd Addition Lot 240 Highland Park 2 "d Addition Lot 241 Highland Park 2nd Addition Lot 242 Highland Park 2nd Addition Lot 246 Highland Park 2nd Addition be designated as a Residentially Distressed Area; and Key Number: 18- 8097 -3692 18- 8097 -3693 18- 8097 -3694 18- 8097 -3695 18- 8097 -3696 18- 8097 -3700 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 REGULAR MEETING SEPTEMBER 22, 2003 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: 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 se . 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. M REGULAR MEETING SEPTEMBER 22, 2003 hundred (800) to one thousand (1,000) square feet for approximately seventy thousand dollars ($70,000.00) to seventy -five thousand dollars ($75,000.00). 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. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3247 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2215 TOPSFIELD LANE, TOPSFIELD SUBDIVISION RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR DAVID PETTY AND DAVID DIROLL 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 areas commonly known as 2215 Topsfield Lane, Topsfield Subdivision South Bend, Indiana, and which are more particularly described as follows: Lot 19, Exc W 14'& Tri Tr NW Cor to R/W Topsfield 3' Add and which has Key Number 26- 1001 - 000122, 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 REGULAR MEETING SEPTEMBER 22, 2003 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 areas described herein as Residentially Distressed Areas 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 se . SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the . REGULAR MEETING SEPTEMBER 22, 2003 Mr. Place advised that Mr. David Diroll, Petitioner, is proposing to build a new house in the Topsfield Subdivision on Lot #19. Place Builders has been contracted to construct the house which will be a two thousand three hundred (2,300) square foot, two (2) story, single family residence with 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 King 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. 3248 -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 1902 S. MAIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. WHEREAS, a petition for personal property tax abatement consideration 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 1902 S. Main Street, South Bend, Indiana, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140'E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PT OF W % SW 1/4 SEC 13 -37 -2E CONT 1.94 AC± 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13 -37 -2E LOTS 35,36 &18' VAC BOWMAN ST & 14' VAC ALLEY W & ADJ TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 10 & 11 EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E %2 VAC ALLEY W & ADJ & N % VAC ALLEY SO & ADJ BOWMANS 1ST ADD LOTS 18 THRU 22 & E %2 VAC ALLEY W & ADJ & E -W VAC ALLEY BET LOTS 18 & 19 STOVER & WITWER ADD REGULAR MEETING SEPTEMBER 22, 2003 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 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 sea., 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 of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated 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. 1 1 SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this ■ REGULAR MEETING SEPTEMBER 22, 2003 Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Kurt Kruggel, 52023 Sherford Court, Granger, Indiana, representing the Petitioner, Mr. John Axelberg, made the presentation for this bill Mr. Kruggel advised that this project involves the purchase of a Trumpf L5030 laser and an eight hundred (800) ton Verson blanking press. The project is estimated to create ten (10) new permanent jobs with an annual payroll of about three hundred thirty -eight thousand dollars ($338,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3249 -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 1814,1818,1821,1822, 1825, 1826, 1829 AND 1830 S. PHILIPPA STREET AND 2302, 2306, 2310 AND 2314 DELAWARE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5)YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH SAVIANO 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 1814, 1818, 1821' 1822,1825, 1826, 1829 and 1830 S. Philippa Street, and 2302, 2306, 2310 and 2314 Delaware Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 1814 S. Philippa St. 1818 S. Philippa St. 1821 S. Philippa St. 1822 S. Philippa St. 1825 S. Philippa St. 1826 S. Philippa St. 1829 S. Philippa St. 1830 S. Philippa St. 2302 Delaware St. 2306 Delaware St. 2310 Delaware St. '111 A Tl_1-------- 0, Legal Description Key Number Lot 68 South Bend Industrial 18- 8095 -3639 Lot 67 South Bend Industrial 18- 8095 -3640 Lot 107 South Bend Industrial 18- 8096 -3686 Lot 66 South Bend Industrial 18- 8095 -3640 Lot 108 South Bend Industrial 18- 8096 -3687 Lot 65 South Bend Industrial 18- 8095 -3642 Lot 109 South Bend Industrial 18- 8096 -3688 Lot 64 South Bend Industrial 18- 8095 -3643 Lot 264 Highland Park 2nd Addition 18- 8098 -3727 Lot 263 Highland Park 2 "d Addition 18- 8098 -3726 Lot 262 Highland Park 2 "d Addition 18- 8098 -3725 T _i 11 I TT' -1 1___ A Tl__ 1_/1nd A 11'x'_._ 1[1 (11 AA InII REGULAR MEETING SEPTEMBER 22, 2003 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: 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 i 1 M REGULAR MEETING SEPTEMBER 22, 2003 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 /Sean Coleman Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Joseph Saviano, 18457 Kern Road, South Bend, Indiana, made the presentation for this bill. Mr. Saviano informed the Council that he plans to build twelve (12) new homes on the above identified lots. The homes will range from eight hundred (800) to one thousand (1,000) square feet between two (2) and three (3) bedrooms and one (1) full bath. Some will be on a crawl space and some with a full basement with a one (1) car garage. The approximate value of the homes will be around seventy -five thousand dollars ($75,000.00) making the total project approximately nine hundred thousand dollars ($900,000.00). 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 King -- - - - -A- Amt----- i._. -..,_ _, , ,., ,-, 1 , I „ „ „ I ,., -. REGULAR MEETING SEPTEMBER 22, 2003 NORTH/SOUTH ALLEY EAST OF SOUTH FRANCES STREET, THE NORTH RIGHT -OF -WAY OF QUIMBY STREET TO THE SOUTH END OF ANGLES ON THE EAST AND WEST OF DESCRIBED ALLEY FOR A DISTANCE OF APPROXIMATELY 90.5 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN LESTERS SUBDIVISION, 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 October 13, 2003. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 77 -03 FIRST READING ON A BILL APPROPRIATING $132,204 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SHELTER PLUS CARE GRANT PROGRAM WITHIN FUND 212 - COMMUNITY DEVELOPMENT FUND This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 13, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 78 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROPRIATING $225,000 RECEIVED FROM THE U.S. DEPARTMENT OF JUSTICE FOR THE WEED & SEED PROGRAM This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on October 13, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $48,000 WITHIN THE COUNTY OPTION INCOME TAX FUND (FUND 404) FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE COMMERCIAL CORRIDOR PROGRAM WITHIN THE CITY OF SOUTH BEND REGULAR MEETING SEPTEMBER 22, 2003 LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; NEW CLEVELAND ROAD, 21000 THROUGH 21500 BLOCK This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing on October 27, 2003 and Third Reading on November 10, 2003. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on September 16, 2003: BILL NO. 61 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember King made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 13, 2003. Councilmember Kelly 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. PRIVILEGE OF THE FLOOR COMMENTS FROM MR. JOHN SWANSON REGARDING BASKETBALL CENTER AND RACISM IN THE SOUTH BEND POLICE DEPARTMENT Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that the City of Elkhart has built a sports complex center for adults and kids to play together. He stated that if they can achieve that he is sure that the City of South Bend could focus on at least a state of the art basketball center where adults and kids can come together. In regards to racism in the Police Department, Mr. Swanson stated that they came from a slave society and a segregated society so there is some racism. But if they stick to the book and what is written down it can be avoided by subtracting some of the conversations that are not necessary. He stated that the Police Department should just keep it professional and study their professionalism a little bit more. REGULAR MEETING SEPTEMBER 22, 2003 ADJOURNMENT There being no further business to come before the Council Vice - President Coleman adjourned the meeting at 7:40 p.m. ATTEST: • - •.,/ ATTEST: Sean Coleman, Vice - President J M