Loading...
HomeMy WebLinkAbout02-11-02 Council Meeting MinutesREGULAR MEETING FEBRUARY 11, 2002 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, February 11, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Sean Coleman Karen L. White Ist District 2nd District 3`d District President 4' District Chairperson, Committee of the Whole stn District At -Large At -Large Vice - President Absent: Andrew Ujdak 6t" District Al "Buddy" Kirsits At -Large 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 January 28, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the January 28, 2002 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS Council President Kelly announced the reappointment of Ken Herceg and Anthony Douglas to another three (3) year term on the Century Center Board of Managers. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:02 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Chairman King presiding. BILL NO. 2 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 2520 MISHAWAKA AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, made the presentation for this bill. -I- REGULAR MEETING FEBRUARY 11, 2002 Mr. Oxian stated that Fire Station #9 which is being recommended for landmark status was constructed in 1926. The interesting feature of this building is that it is a bungalow style fire station and is the first one that will be declared as a landmark which is currently being used. All other fire stations that have been declared landmarks were all abandoned stations. The architect that constructed this building was involved with the Smoger Company and is the same individual that was also involved with the former Nuner School. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mayor Stephen Luecke,1400 County -City Building, South Bend, Indiana, stated that he appreciates the history of this structure and what it has meant for the people in the River Park neighborhood and that the administration supports making this building a local landmark. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 3 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING HISTORIC LANDMARKS FOR STRUCTURES AND REAL PROPERTY LOCATED IN THE 1300 BLOCK OF CHESTER STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and after extensive discussion, it is being sent to the full Council with an unfavorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, stated that he would like to withdraw this bill at this time in view of new information he recently received. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda at this time at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 4 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURES AND REAL PROPERTY LOCATED AT 745 LELAND, IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Oxian, President, Historic Preservation Commission, no address given, made the presentation for this bill. Mr. Oxian noted that this house is being recommended for landmark status not only because of its architectural superiority, which is a Queen Ann style house ranked as a #12, but also the historical -2- REGULAR MEETING FEBRUARY 11, 2002 background of the individuals who originally purchased this plot which created and set -up the Shetterly Subdivision. The house was constructed in 1890. Mr. Oxian noted that two (2) streets, Leland and Rex, were named after the sons of the original owner. The family owned the house until 1925 when it became rental property. In 1997, Mrs. Gorski, granddaughter of the original owners of the house, purchased the property and has returned it to a one owner house. 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 Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 118 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2110 FORD STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "A -1" Residential, "D" Height and Area to allow a duplex. The property currently contains a vacant mixed use structure. Located to the north is a private club zoned "C" Commercial, "D" Height and Area; to the east is vacant land and a single- family home zoned "C" Commercial, "D" Height and Area; to the south are single family homes zoned `B" Residential, "A" Height and Area and to the west is a multi - family dwelling unit and a single family home zoned "C" Commercial, "D" Height and Area. Mr. Myers further advised that access to the site is from Ford 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 three thousand six hundred (3,600) square feet. A check of the Agency's maps indicates that no public wells, flood hazards or wetlands are present. However, a confirmed contamination site is located south of the site. A site plan is not required for rezonings to "A -1" Residential. The Area Plan Commission, at its Public Hearing held on January 15, 2002, sends this petition to the Council with a favorable recommendation. The proposed rezoning to "A -1" Residential represents a down zoning, and will be more compatible with the residential area than the commercial uses that could be developed under the existing "C" Commercial zoning. Mr. Jaime Galvez, 2110 West Ford Street, South Bend, Indiana, made the presentation for this bill. Mr. Galvez stated that he would like to rezone this property for use as two (2) apartments for two (2) families. He noted that each apartment will contain two (2) bedrooms and one (1) living room. 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 -3- REGULAR MEETING FEBRUARY 11, 2002 concerning this bill. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 5 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; RICHARD MURPHY ANNEXATION Councilmember Coleman made a motion to continue this bill until the February 25, 2002 meeting of the Council where it will be given Public Hearing, and to set it for Third Reading and final disposition at the March 11, 2002 meeting of the Council. Councilmember Pfeifer seconded the motion which carried by a voice vote of seven (7) 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 seven (7) ayes. ATTEST: Loret uda City Clerk ATTEST: K ing, Ch ' - er on Con ittee of the hol 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 7:14 p.m. Council President Roland Kelly presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9304 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 2520 MISHAWAKA AVENUE, 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 seven (7) ayes. ORDINANCE NO. 9305 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR STRUCTURES AND REAL PROPERTY LOCATED AT 745 LELAND, IN THE CITY OF SOUTH BEND, INDIANA in REGULAR MEETING FEBRUARY 11, 2002 This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9306-02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2110 FORD STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS: RESOLUTION NO. 3060 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TERMINATING THE TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR ACCURIDE INTERNATIONAL, INC. WHEREAS, the Common Council of the City of South Bend on October 26, 1992 adopted Resolution No. 1980 -92 designating the real property commonly known as 4300 Quality Drive, South Bend, Indiana, 46628, as an economic revitalization area for purposes of a ten (10) year real property tax abatement, the full legal description of which real property is attached hereto and incorporated herein as Exhibit "1 ", having key numbers 25 -1017 -0604; 25 -1017 -0602; and 25 -1017- 0602.01; and WHEREAS, the Common Council of the City of South Bend, on November 9,1992 adopted Resolution No. 1983 -92 confirming the adoption of the declaratory resolution for this property; and WHEREAS, the Common Council believes that by the property owner's announced closing of its South Bend facility, Accuride International, Inc. has failed to comply with the wage and benefit levels it proposed in its petition for tax abatement and with other representations Accuride made to the Common Council; and WHEREAS, this Council has the power pursuant to I.C. 6- 1.1 -43 -3 to revoke a real property tax abatement in an economic revitalization area if a recipient fails to comply with the wage and benefits levels proposed or promised by the owner in its petition for tax abatement; and WHEREAS, the Common Council conducted a public hearing at its meeting on Monday. February 11, 2002, in order to determine whether the Petitioner has complied with its promised or proposed wage and benefit levels; and WHEREAS, the property owner was notified of this public hearing and of its opportunity to provide information to the Common Council as to whether the property owner has made reasonable efforts to substantially comply with its promised wage and benefit levels, and whether any failure to substantially comply was caused by factors beyond the control of the property owner. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, has conducted a public hearing for the purpose of determining whether Accuride International's real property tax abatement -5- REGULAR MEETING FEBRUARY 11, 2002 should be terminated and the property owner was duly notified of said public hearing. Section II. Accuride International has failed to comply with its promised wage and benefit levels and accordingly, the real property tax abatement heretofore granted to it is hereby revoked and terminated, as it effects taxes due in 2002 payable in 2003, taxes due in 2003 payable in 2004 and taxes due in 2004 payable in 2005. Section III. The Common Council's prior Resolution No. 1980 -92 and Resolution 1983 -92 area hereby revoked and repealed, as it effects taxes due in 2002 payable in 2003, taxes due in 2003 payable in 2004 and taxes due in 2004 payable in 2005. Section IV. The Council directs the City Administration to pursue a civil fine against the property owner in an amount of not less than $250 and not greater than $2,500 as authorized by the South Bend Municipal Code. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member, South Bend Common Council EXHIBIT 1 Parcel I Lot Numbered Eight (8) as shown on the recorded Plat of Landmark Business Park, Section Six, Part One, recorded October 19, 1989 in the Office of the Recorder of St. Joseph County, Indiana, as . Instrument No. 8928004. Parcel II A tract of land in the North Half of Section 19, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana, said tract being more particularly described as follows: Commencing at the North Quarter corner of said Section 19; thence South 00 °54'38" East on the along the East line of said Northwest Quarter 110.75 feet to the South right -of -way line of Brick Road; thence North 88'47'24" West on and along said South line a distance of 845.29 feet; thence South 00 °52'04" East a distance of 679.54 feet, said point being the true place of beginning; thence continuing South 00 °52'04" East a distance of 175.75 feet to PC of a 25.00 foot radius curve to the right; thence along said curve through a central angle of 49 °40'45 ", a chord length of 21.00 feet which bears South 23 °58'19" West, an are distance of 21.68 feet to a point of reverse curve with a 60.00 foot radius curve to the left; thence along said curve through a central angle of 93 °46'08 ". A chord length of 87.60 feet which bears South 01'55'07" West, an arc distance of 98.20 feet; thence South 45 °01'33" West a distance of 25.00 feet; thence South 89 °55'38" West a distance of 395.50 feet; thence North 00 °52'04" West a distance of 300.00 feet; thence North 89 °55'38" East a distance of 426.53 feet to the place of beginning. Councilmember King advised that the Community and Economic Development Committee held a Public Hearing on this bill this afternoon and he read into the record the findings of the Committee as follows: The Community and Economic Development Committee respectfully reports the following findings and recommendations regarding Resolution No. 02 -6: Accuride Indiana, Inc. petitioned for tax abatement for real property and personal property associated with a new plant to manufacture precision ball bearing drawer slides for the -6- REGULAR MEETING FEBRUARY 11, 2002 contract furniture industry. In its petitions, Accuride promised, among other things, that it would: a) Construct an approximately $4.5 million, 168,000 sft. building with approximately $1.5 million in manufacturing equipment at 4300 Quality Drive. b) Employ, as the result of the project 250 additional employees whose total annual salaries would be approximately $6.0 million. 2. In reliance on these promises, the South Bend Common Council in November 1992 granted to Accuride a 10 -year Real Property Tax Abatement and a 5 -year Personal Property Tax Abatement. 3. The Personal Property Tax Abatement expired in 2001, and the Real Property Tax Abatement will expire in 2004. 4. On November 20, 2001, South Bend Mayor Stephen Luecke received a letter from Accuride Vice President of Human Resources, Robert R. Morris, stating the company's "plans to permanently close its entire plant located at 4300 Quality Drive, South Bend." The letter also indicated that 196 jobs would be eliminated, the first separation from employment would start on January 30, 2002, and the separation would be completed within a two week period. 5. On January 31, the City of South Bend's Legal Department presented for consideration by the Council Resolution 02 -6 which would rescind and terminate the Accuride tax abatements on grounds that Accuride's closing of its South Bend operation constitutes noncompliance with Accuride's contract to create and maintain certain employment levels within the City. On the same day, Chief Assistant City Attorney Aladean DeRose sent to the President of Accuride International, Inc. a letter and a copy of Resolution No. 02 -6 giving notice of these proceedings. 6. Based on this information and the oral testimony presented in a public hearing held earlier today, the Committee finds that Accuride has, in fact, failed to comply with its promised employment and salary levels. 7. The Committee further finds that Accuride has violated Indiana Code Sec. 6- 1.1 -43 -3 which provides in part that "if a recipient of an economic development incentive fails to comply with the wage and benefit levels that the recipient proposed or promised to obtain an economic development incentive, the recipient forfeits the economic development incentive as of the date of determination." 8. Therefore, the Committee recommends that the Council adopt Resolution 02 -6 which: a) Affirms the findings recited in this report; b) Revokes and repeals the Council's prior resolutions granting tax abatements to Accuride, and c) Directs the City Administration to pursue civil sanctions against Accuride as authorized by Section 2 -84.14 of the South Bend Municipal Code. Councilmember King stated that the Committee voted to send this bill to the Council with a favorable recommendation. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, thanked the Community -7- REGULAR MEE'T'ING FEBRUARY 11, 2002 and Economic Development Committee for their findings which stated the case. He noted that tax abatements have been an important tool in this community for encouraging investment by the private sector, for creating new jobs, retaining existing jobs and for building payroll in this community. Tax abatements are a contract entered into between the City and the businesses that receive the tax abatement in which they agree to the phase in of taxes over a period of time in exchange for certain benefits that they will provide. More particularly, for the creation of jobs and the establishment of a certain payroll and their investment in the community. When a business fails to live up to their part of the bargain, the administration feels that it is appropriate to rescind the remainder of the tax abatement. That is the action he is asking for tonight with Accuride. Mayor Luecke reiterated Councilmember King's comment about the fact that the City did receive a letter from Accuride telling of their determination to close the plant and therefore they will no longer meet the promises that they made in terms of payroll or level of employment. Therefore, under state law as cited by Councilmember King, the firm no longer qualifies for the tax abatement incentive that had been granted. The Mayor asked for the Council's favorable action on this Resolution to rescind the remaining two (2) years of tax abatement for Accuride. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor of this Resolution. Mr. Richard Deahl, Barnes and Thornburg, 100 North Michigan Street, South Bend, Indiana, spoke in opposition to this Resolution. Mr. Deahl advised that he is present on behalf of Accuride and thanked the Community and Economic Development Committee who provided him with the opportunity today to discuss certain objections they have with consideration to the proposed Resolution. He stated that it is their belief that the proposed Resolution is premature in that the finding under 6- 1.1 -43 that Accuride has failed to comply with the wage and benefit levels that they originally proposed has yet to occur. He requested that the Council follow the provisions that are set forth in I.C. 6 -1.1- 12.1 -5.9 where the Council would take action at a future date to consider compliance with Accuride's Statement of Benefits. Second, he requested that the proposed Resolution be amended to clarify that the abatement to which this Resolution applies is only for taxes that are payable in 2003 and 2004 which are the last two (2) years of the subject abatement. Mr. Deahl requested that consideration of the proposed Resolution be continued until a future date and that the proposed Resolution that would be considered have specific language that it only applies to terminate any benefits that would be received for taxes payable in 2003 and 2004. There was no one else present wishing to speak in opposition to this Resolution. In rebuttal, Mayor Luecke stated that the Council has the authority under state law, as cited, to act. He noted that the section of state law that Mr. Deahl referred to is for an annual review that happens all the time. However, state law provides a different provision for this type of situation and that is what they are requesting that the Council act under. As to the suggestion that Accuride has not yet fallen out of compliance, he reminded the Council that when Accuride was first given the abatement they were not in compliance but it was based on the expectation that they would meet those numbers. The City now has firm expectations that Accuride will not longer meet the numbers they provided and therefore this is a timely action. Mr. Chuck Leone, City Attorney, 1400 County -City Building, South Bend, Indiana, stated that he concurs that Council action on this Resolution is appropriate at this time. He further stated that state law does allow this action to be taken if in fact the recipient of an economic development incentive fails to comply with wage and benefit levels that the recipient proposed or promised. Under those circumstances such an action by the Council is appropriate. -8- REGULAR MEETING FEBRUARY 11, 2002 Councilmember Varner stated that to the extent that the granting of the tax abatement was granted as a result of an intent expressed by Accuride, the letter received by the Mayor in late November also clearly expressed an intent to close the factory and production facilities. He noted that it has been clearly demonstrated on both parts and the City can feel quite fair about the fact that the City acted in both cases knowing what the intent was. Councilmember Kelly stated that he believes that Councilmember Varner is correct in his assessment in that the intent has been there and has been there for some time and therefore the Council's actions are certainly valid in his view. Council Attorney Kathleen Cekanski - Farrand noted that some amendatory language for Section II and Section III of the Resolution is being offered. City Attorney Chuck Leone suggested that in Section II after the last word in that section the words "prospectively from this date" be added. Councilmember King stated that as he understands it from the documentation provided to the Community and Economic Committee this afternoon, Accuride has remaining taxes to pay which are 2002 taxes payable in 2003, 2003 taxes payable in 2004 and 2004 taxes payable in 2005. Councilmember King questioned if these years should be identified in the Resolution to avoid confusion and offered that the proposed amendment may not provide the clarity sought. City Attorney Chuck Leone agreed with Councilmember King's suggestion to specify the years for which the abatement is revoked which would be 2002 payable 2003, 2003 payable 2004 and 2004 payable 2005 if those in fact are the remaining years. Councilmember King stated that Accuride will not be using any abatement in 2005 but nevertheless the terms of the abatement covered those years. Both Councilmember King and City Attorney Chuck Leone agreed that this language would be acceptable. Mr. Leone also stated that Section III would have the same amendatory language at the end. Councilmember Coleman made a motion to adopt the amendments as offered as follows: In Section II and in Section III, after the last word of each section add the following language: as it effects taxes due in 2002 payable in 2003, taxes due in 2003 payable in 2004 and taxes due in 2004 payable in 2005. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner made a motion to adopt this Resolution as amended. Councilmember King seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTION NO. 3061 -02 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 704,705,719, 720, 732, 733, 744, 747, 758, 761, 775, AND 776 ROLAND COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 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 704, 705, 719, 720, 732, BE REGULAR MEETING FEBRUARY 11, 2002 733, 744, 747, 758, 761, 775, and 776 Roland Court, South Bend, Indiana, and which is more particularly described as follows: Street Address 704 Roland Court 705 Roland Court 719 Roland Court 720 Roland Court 732 Roland Court 733 Roland Court 744 Roland Court 747 Roland Court 758 Roland Court 761 Roland Court 775 Roland Court 776 Roland Court Legal Description Lot 34, SE Neighborhood Redev. Phase II Lot 45, SE Neighborhood Redev. Phase II Lot 44, SE Neighborhood Redev. Phase II Lot 35, SE Neighborhood Redev. Phase II Lot 36, SE Neighborhood Redev. Phase II Lot 43, SE Neighborhood Redev. Phase II Lot 37, SE Neighborhood Redev. Phase II Lot 42, SE Neighborhood Redev. Phase II Lot 38, SE Neighborhood Redev. Phase II Lot 41, SE Neighborhood Redev. Phase II Lot 40, SE Neighborhood Redev. Phase II Lot 39, SE Neighborhood Redev. Phase II Kev Number 18- 7020 -0800 18- 7020 -0789 18- 7020 -0790 18- 7020 -0802 18- 7020 -0803 18- 7020 -0792 18- 7020 -0804 18- 7020 -0793 18- 7020 -0806 18- 7020 -0795 18- 7020 -0797 18- 7020 -0808 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 sea., and South Bend Municipal Code Sections 2 -76, et seg., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: 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 to 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 -10- C 1 REGULAR MEETING FEBRUARY 11, 2002 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 to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this 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 -11- REGULAR MEETING FEBRUARY 11, 2002 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 /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Council President Kelly noted that he is a member of the American Home Dreams Board of Directors but he will not receive any benefits from this action and therefore will be voting on this matter. Mr. Chris Dressel, Department of Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution on behalf of the City and the Board of Public Works. Mr. Dressel stated that this tax abatement is being requested as part of the City's ongoing partnership with American Home Dreams to build affordable homes in the southeast neighborhood. The tax abatement would allow each homeowner an abatement of approximately fifteen hundred dollars ($1,500.00) per year that would result in the tax to be paid of seventeen hundred dollars ($1,700.00) per year. The abatement will make the homes even more affordable for the new residents as a result. To date they have constructed fifty (50) houses throughout the neighborhood. This tax abatement is for twelve (12) houses which will comprise Roland Court. Mr. Dressel noted that the final phase of the development is to be completed by June of 2003 and has a value of $1.3 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 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 seven (7) ayes. RESOLUTION NO. 3062 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE MAYOR TO SUBMIT TO THE INDIANA DEVELOPMENT FINANCE AUTHORITY AN APPLICATION FOR A BROWNFIELDS SITE ASSESSMENT GRANT WHEREAS, the Mayor of the City of South Bend, Indiana is the Chief Executive Officer of the City and is the appropriate applicant for a Brownfields Site Assessment Grant. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby authorized to submit a grant application, up to the maximum amount of $50,000, to the Indiana Development Finance Authority for a Brownfields Site Assessment Grant. -12- REGULAR MEETING FEBRUARY 11, 2002 SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with the Common Council a complete copy of the Brownfields Site Assessment Grant application to be submitted by the Mayor to the Indiana Development Finance Authority. SECTION III. That for every activity, proj ect, or program to be funded under this resolution, the Mayor shall submit to the Common Council an appropriation ordinance prior to expenditure of any funds received from the Indiana Development Finance Authority upon approval of this application. SECTION IV. That the Mayor shall be authorized to accept and affirm the grant should it be awarded. SECTION V. That the City of South Bend, Department of Community and Economic Development, be designated as the agency and office administering on behalf of the City of South Bend any grant awarded under this application. SECTION VI. That this resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Ann Kolata, Department of Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Kolata stated that this Resolution authorizes the submission of a grant application to the Indiana Development Finance Authority in the amount of up to fifty thousand dollars ($50,000.00) which is the maximum grant that can be applied for. Their intent is to apply for two (2) projects. One would be related to the former Drewery's Building, the Omniplex Project, to complete some environmental testing that is needed there in order to go forward with the project. The second site is for a location at the corner of Lincolnway West and Chapin Street on which environmental testing was previously done as part of an EPA Pilot Program Grant and which now warrants some additional study in order to be able to develop the site. Ms. Kolata noted that it is expected that the application will be submitted by the end of this week and they hope to hear back from the granting agency by the end of March. 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 Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 9 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 1, SEC. 2 1 -1 DEFINITIONS, AND ARTICLE 2, DIVISION 9, SEC. 21 -23 "C -2" PLANNED SHOPPING CENTER DISTRICT, -13- REGULAR MEETING FEBRUARY 11, 2002 USES PERMITTED, OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A DEFINITION OF RELIGIOUS INSTITUTIONS AND TO ALLOW RELIGIOUS INSTITUTIONS TO BE LOCATED IN THE "C -2" PLANNED SHOPPING CENTER DISTRICT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 10 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,500.00 HAZMAT FUND (FUND #289) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 11 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,900.00 INDIANA RIVER RESCUE (FUND #291) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 25, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 12 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE & ECLIPSE LLC, 17,185 AND 17,240 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA PHASE III This bill had first reading. Councilmember Varner made a motion to refer this bill to the Area Plan Commission and set it for Public Hearing on March 25, 2002 and Third Reading on April 8, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 13 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BENDIX DRIVE AND PRAST BOULEVARD, 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 seven (7) ayes. -14- REGULAR MEETING FEBRUARY 11, 2002 NEW BUSINESS There was no new business to come before the Council at this time. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. PRIVILEGE OF THE FLOOR Corporal Derek Dieter,1135 Portage, South Bend, Indiana, Wage Committee for FOP Lodge 36 and Common Sense Committee Member, submitted to the Council a letter dated January 17, 2002 from City Attorney Chuck Leone with regard to the wage issue. Corporal Dieter stated that he wanted to make sure that the Council was aware of what the letter entails. He noted that the letter is in response to the FOP'S January 4t' letter with the intent to renegotiate the contract with the City. Corporal Dieter noted that the response from Mr. Leone was that the City does have an obligation to meet and confer with Lodge 36 with respect to the terms and conditions of employment but will not include the matter of the salary ordinance of last year which established salaries and wages for the years 2002 -2005. Corporal Dieter further noted that there are several issues in the wage ordinance itself and they are concerned with that in regards to Article 36, Section 3. He noted that he was not sure if the Council was familiar with that but it specifically talks about the contract language and the wage salary ordinance and there are ceratin things that interchange of which he wanted the Council to be aware. Corporal Dieter asked for a response to his concerns by the next Council meeting. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourr -- the . -neeting at 7:44 p.m. ATTEST: Loretta J. da, C, y Clerk -15- ATTEST: Roland Kelly, President 1 1