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HomeMy WebLinkAbout02-25-02 Council Meeting MinutesREGULAR MEETING FEBRUARY 25, 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 25, 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: Charlotte Pfeifer 2nd District Roland Kelly 3rd District President Karl King 4th District Chairperson, Committee of the Whole David Varner 51 District Andrew Ujdak 6' District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Vice - President Absent: James Aranowski 151 District 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 February 11, 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 February 11, 2002 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS RESOLUTION NO. 3063 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE MONTH OF MARCH AS DISABILITY AWARENESS MONTH AND COMMENDING GOODWILL INDUSTRIES OF MICHIANA, INC. FOR THEIR MANY PROGRAMS IN DEVELOPING "THE POWER OF WORK" FOR PEOPLE WITH DISABILITIES WHEREAS, the Common Council of the City of South Bend, Indiana, notes that the Americans With Disabilities Act was signed into law in 1990 and focuses on providing civil rights protections in employment, public services and transportation, public accommodations and telecommunications; and WHEREAS, the Council further notes that the Americans With Disabilities Act has attempted to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities "; and -1- REGULAR MEETING FEBRUARY 25, 2002 WHEREAS, 2001 was Goodwill Industries of Michiana, Inc.'s second consecutive year of setting a record for job placements, with 751 individuals being placed in productive employment opportunities; and WHEREAS, Goodwill Industries of Michiana, Inc. served 2,708 clients in 2001 in various job related training programs which included providing vocational services in South Bend, Logansport, Peru, Niles, Hammond; as well as providing two (2) full -time staffpersons in the Center for the Homeless where 70 individuals were assisted; and WHEREAS, Goodwill Industries of Michiana, Inc. operates sixteen (16) full -scale stores which are open to the public, with the most recent store opening in Valpariso, Indiana, and showcasing its flagship store located on Ireland Road in South Bend, Indiana. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly declares the month of March 2002 as "DISABILITY AWARENESS MONTH" in South Bend, Indiana. Section II. The Common Council notes that there have been many advancements made since the Americans With Disabilities Act was passed by Congress in 1990; and wishes to acknowledge in particular some of the many contributions and services being performed by GOODWILL INDUSTRIES OF MICHIANA, INC., in developing the "power of work" for people with disabilities. Section III. The Common Council wishes to sincerely thank and commend the tireless dedication and support, as well as the many quality services provided by those special individuals who work in and for GOODWILL INDUSTRIES OF MICHIANA, INC., with their programs focusing on the "power of work" so that people with disabilities may live a more vital, active and meaningful life. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Andrew Ujdak, Sixth District s /Charlotte Pfeifer, Second District s /Sean Coleman, At Large s /Roland Kelly, Third District s /Al "Buddy" Kirsits, At Large s /Karl King, Fourth District s/Karen L. White, At Large s /David Varner, Fifth District s/Kathleen Cekanski- Farrand Council Attorney ATTEST: s /Loretta J. Duda, City Clerk s /Stephen J. Luecke, Mayor Council President Kelly asked Vice - President Karen White to present this Resolution for consideration and asked representatives of Goodwill Industries, Mr. Dennis Freeland, Ms. Shirley Thomas, Mr. Dennis Winterod and Ms. Debie Coble to join her for this presentation. Councilmember White read the Resolution in its entirety and presented it to the above -named representatives. Mr. Dennis Freeland stated that Goodwill Industries is proud of what they do. He noted that it is great to work in a community that recognizes that there is a disability issue and that a certain segment of the population is disabled. Yet, with the right match, getting the right employer and the -2- REGULAR MEETING FEBRUARY 25, 2002 person together, there are jobs that these individuals can do very well. With minimal training and some assistance, this segment of the population can become very productive, living a self - sufficient lifestyle which is great for them and the community. Mr. Freeland thanked the Council for this recognition. Council President Kelly thanked Mr. Freeland and Goodwill Industries for all the hard work that they do and for the wonderful work in providing employment for so many wonderful people who have many talents and are given an opportunity to express them. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by acclamation. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:06 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman King presiding. 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 White reported that the Zoning & Annexation Committee held a Public Hearing on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Department of Community and Economic Development, no address given, made the presentation for this bill. Mr. Magliozzi stated that this property has been purchased by the Redevelopment Commission to improve the intersection of Olive and Old Cleveland Roads. This is the area next to the former Wells Electronics facility and down the street from the new Tire Rack facility. A house, accompanying barn and pool, that were located on this property have been demolished in anticipation of the expansion of this road. 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 eight (8) ayes. BILL NO. 10 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,500.00 HAZMAT FUND (FUND #289) Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. -3- REGULAR MEETING FEBRUARY 25, 2002 Battalion Chief Jim Lopez, Chief of Special Operations, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez stated that this appropriation is from Hazmat Fund #289. These funds will be used to maintain the upkeep of material and to purchase new material for the South Bend Fire Department Hazmat Team. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Kirsits noted for the record that he is a member of the South Bend Fire Department and in regards to Bill Numbers 10 -02 and 11 -02, based on the advice of the Council Attorney, it will not be a conflict of interest for him to vote on either of these bills which he favors. 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 White seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 11 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,900.00 INDIANA RIVER RESCUE (FUND #291) Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Battalion Chief Jim Lopez, Chief of Special Operations, South Bend Fire Department, 701 West Sample Street, South Bend, Indiana, made the presentation for this bill. Chief Lopez advised that this appropriation is from Indiana River Rescue Fund #291. These funds will be used to maintain and purchase new equipment for the City of South Bend Indiana River Rescue School. Chief Lopez further advised that this school is one of the premiere schools in the country. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 INCLUDING $3,778,684 FROM THE GENERAL FUND, $862,780 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $28,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $9,838,000 FROM THE COUNTY OPTION INCOME TAX FUND, $2,610,000 FROM THE ECONOMIC 0 1 1 r LJ REGULAR MEETING FEBRUARY 25, 2002 DEVELOPMENT INCOME TAX FUND, $41,100 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $21,500 FROM THE PARKS AND RECREATION FUND, $322,700 FROM THE PARKS NON - REVERTING CAPITAL FUND, $30,000 FROM THE PARK RECREATION NON - REVERTING FUND, $6,000 FROM THE EAST RACE WATERWAY FUND, $32,000 FROM THE CITY CEMETERY TRUST FUND, $2,074,000 FROM THE LOCAL ROADS AND STREETS FUND, $50,750 FROM THE PROJECT RELEAF FUND, $30,900 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $1,328,454 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,294,050 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Varner reported that the Personnel & Finance Committee conducted a Public Hearing on this bill this afternoon and sends this bill favorably to the full Council as amended. Councilmember Varner asked Council Attorney Kathleen Cekanski Farrand to read the amendments which are as follows: In the title, line number six (6) entitled "$9,838,000 FROM THE COUNTY OPTION INCOME TAX FUND" is amended to read "$8,238,000 FROM THE COUNTY OPTION INCOME TAX FUND." In Section I, "Fund," "COUNTY OPTION INCOME TAX FUND (Fund #404)," the amount $9,383,000 should be deleted and replaced with $8,238,000. On the detail page under "COUNTY OPTION INCOME TAX FUND (COIT) - Fund #404 ":, in the second grouping, `BUILDINGS AND BUILDING IMPROVEMENTS ": - Public Safety Design Fees, the amount $2,000,000 should be stricken and replaced with $400,000. In "Total Buildings and Buildings Improvements for COIT Fund" the amount $2,425,000 should be stricken and replaced with $825,000. At the bottom of the page under "TOTAL COIT CAPITAL BUDGET," the amount $9,838,000 should be stricken and replaced with $8,238,000. Councilmember Coleman made a motion to accept the amendments as read by the Council Attorney. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, made the presentation for this bill. Mayor Luecke informed the Council that he is pleased to present this Capital Budget for 2002. It is a budget that invests in infrastructure, equipment and facilities. It invests in people and neighborhoods. It invests in technology and smart growth and it works toward the goal of building South Bend as a safe and clean City. The curb and sidewalk shared cost program will continue as well as support for neighborhood partnership centers and the commercial corridor programs. This budget invests in the southeast park and Phase II of the repairs to the dam at Century Center. It invests substantially in local roads and streets, and it invests in the northwest water tower, sewer and main extensions and major projects for specific road work in the Olive Nimtz Parkway or Cleveland Road, whichever ripens first. The original capital budget was $26.4 but is now $24.8 because of the amendment. Mayor Luecke noted that this budget meets the needs of the citizens of this community but he is cautious because it is already $2 million below the capital budget of last year. This was -5- REGULAR MEETING )FEBRUARY 25, 2002 able to be sustained only because of some additional monies received from the state as a catch up in COLT and EDIT this year. Capital dollars are declining at this point and the administration continues to look for ways to save money in the operating budget so that capital investments can be made. Additionally, the administration is concerned as they look to the future in particular to the road and street accounts. Mayor Luecke reiterated. that he believes this budget meets the needs of the community and he asked the Council for their favorable consideration. 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 recomnnendation to full Council concerning this bill, as amended. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Ujdak. made motion to rise and report to the full Council. Councilmember Col-ern-an. seconded the motion. which carried by a voice vote of eight (8) ayes. 1\11 ST: Loretta Ada, C' 'y Clerk ATTEST: K ing, ,l;a'c-p s a - - - -- Co.. r ittee of the le 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 President Roland Kelly presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9307 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $9,500.00 HAZMAT FUND (FUND #289) 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 eight (8) ayes. ORDINANCE NO.9308 -02 AN ORDINANCE OF THE COi'/1MON COUNCIL. OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $21,900.00 INDTANTA. RIVER RESCUE (FUND 4291) This bill had third reading. Councilmenber Coleman made a motion to pass this bill. Councilmember White seconded the motion which ca. rried. Tlie, milt passed by a roll call vote of eight (8) ayes. -6- C C REGULAR MEETING FEBRUARY 25, 2002 ORDINANCE NO. 9309 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2002 INCLUDING $3,778,684 FROM THE GENERAL FUND, $862,780 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $28,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $9,838,000 FROM THE COUNTY OPTION INCOME TAX FUND, $2,610,000 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $41,100 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $21,500 FROM THE PARKS AND RECREATION FUND, $322,700 FROM THE PARKS NON - REVERTING CAPITAL FUND, $30,000 FROM THE PARK RECREATION NON - REVERTING FUND, $6,000 FROM THE EAST RACE WATERWAY FUND, $32,000 FROM THE CITY CEMETERY TRUST FUND, $2,074,000 FROM THE LOCAL ROADS AND STREETS FUND, $50,750 FROM THE PROJECT RELEAF FUND, $30,900 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $1,328,454 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,294,050 FROM THE SEWAGE WORKS DEPRECIATION FUND Councilmember Coleman made a motion that this bill be amended as it was in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. This bill had .third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3064 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (RICHARD MURPHY ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Section I of this Ordinance and also in the Fiscal Plan at Table I, page 11, attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.62 acres on which is situated a vacant single family home, which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 16.3% contiguous, generally located at the southwest corner of Olive Road and the Cleveland Road intersection in German Township, Indiana. The annexation territory is proposed by its owner, the South Bend Redevelopment Commission, for development of an expanded right -of -way with any remainder as public land. Such redevelopment will require a basic level of municipal public services of a non - capital improvement nature, including police and -7- REGULAR MEETING FEBRUARY 25, 2002 fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: Two adjacent parcels of land in German Township, St. Joseph County, Indiana, being a part of the West Half of the Northwest Quarter of Section 30, Township 38 North, Range 2 East, described as follows: Commencing at the Northeast corner of the West Half of the Northwest Quarter of said Section 30 (being the intersection of Cleveland and Olive Roads centerlines), thence South 42.4 feet, more or less, to the South right -of -way line of Cleveland Road extended, thence East 20 feet, more or less, to the East right -of -way line of Olive Road, which is the place of beginning; thence South 382.7 feet, to a point 425.1 feet from the North line of the Northwest Quarter of said Section 30, thence West 185 feet, more or less, to a point 165 feet West of the East line of the West Half of the Northwest Quarter of said Section 30, thence North 382.7 feet to the South right -of -way line of Cleveland Road, thence East 185 feet, more or less, to the East right -of -way line of Olive Road and being the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar In REGULAR MEETING FEBRUARY 25, 2002 topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A," attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides among other things, that existing water and sewer mains are sufficient to service this area, and that all other capital and non - capital improvements will be at the cost of the City of South Bend. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Department of Community and Economic Development, no address given, made the presentation for this Resolution. Mr. Magliozzi stated that this Fiscal Plan is for the Richard Murphy Annexation which involves approximately 1.62 acres located at the southwest corner of Olive and Cleveland Roads. The purpose of this annexation is to have sufficient land to improve the intersection of Olive and Cleveland Road for the continued expansion of the Blackthorn Industrial area. The property contained one (1) residence which was demolished. The land is zoned "R" Residential in the County and will be part of the City of South Bend I" District. All of the sewer and water locations are available to the site even though they will not be necessary for this particular parcel. Mr. Magliozzi further advised that the City departments who have reviewed this matter have indicated that upon annexation they can provide whatever services are necessary. 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 Kirsits seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3065 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a In REGULAR MEETING FEBRUARY 25, 2002 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 704, 705, 719, 720, 732, 733, 744, 747, 758, 761, 775, and 776 Roland Court, South Bend, Indiana, and which are 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 as a Residentially Distressed Area; and Key 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 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 meta 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: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or -10- 1 1 1-1 REGULAR MEETING FEBRUARY 25, 2002 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 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 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/Roland Kelly Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. -11- REGULAR MEETING FEBRUARY 25, 2002 Mr. Marco Mariani, Neighborhood Planner, Department of Community and Economic Development, 12" Floor County -City Building, South Bend, Indiana, made the presentation for this Resolution on behalf of the Board of Public Works. Mr. Mariani noted that this application is part of the City's ongoing partnership with American Home Dreams to build new homes throughout the southeast neighborhood. This abatement is requested for property commonly known as Roland Court which is the final phase of the development agreement with American Home Dreams. The tax abatement is requested for twelve (12) lots to help facilitate the construction and sale of these houses to first time home buyers. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Uj dak seconded the motion. For the record, Council President Kelly advised that he is a member of the Board of Director of American Home Dreams and pursuant to the advice of Council Attorney Kathleen Cekanski Farrand, he noted that he will receive no benefit from this tax abatement and will therefore be voting on this measure. The motion carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3066 -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 3417 WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR VIRK MART, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 3417 Western Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots 433, 434 and 435 and the %z Vacated Alley of the LaSalle Park Addition and which has Key Number 18- 4062 -2322, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. seq.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. -12- REGULAR MEETING FEBRUARY 25, 2002 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. -13- REGULAR MEETING FEBRUARY 25, 2002 SECTION VIII. 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. Mr. Shawn Virk, Vice President of Virk Mart, Inc., 3417 Western Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Virk stated that he plans to spend one hundred fifty- thousand ($150,000.00) dollars to replace and build a brand -new store and replace gasoline pumps as well as new blacktop and whatever else needs to be done. 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 White made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILL NO. 02-13 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 4374 FOXFIRE DRIVE, 4131 GREENGLADE COURT AND 4308 CROSS CREEK DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Due to the lack of a presenter at this time, Councilmember Coleman made a motion that this matter be tabled until later in the meeting in the hope that the presenter may arrive prior to the close of the Council's business. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 14 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE #103 -98, AS AMENDED This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety Committee and the Utilities Committee and set it for Public Hearing and Third Reading on March 11, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. As a point of order, Council Attorney Kathleen Cekanski - Farrand -14- REGULAR MEETING FEBRUARY 25, 2002 advised that an amendatory bill will be submitted. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: BILL NO. 1 -02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE CORNERS OF LINDEN AND CLEMENS IN THE CITY OF SOUTH BEND, INDIANA Council President Kelly asked for a motion to strike this bill from the agenda. Councilmember King made the motion which was seconded by Councilmember Varner. As a point of order, Councilmember Coleman asked for a clarification on wether it is the bill or the report that is being struck from consideration. Council Attorney Kathleen Cekanski- Farrand advised that it is the report that is being stricken at this time because the report has not yet been received from the Area Plan Commission as they have tabled this matter until their March 19" meeting. Attorney Cekanski Farrand stated that it was inadvertently placed on this agenda at this time. In view of this information, Councilmember Coleman questioned the motion to strike. Therefore, Councilmember King withdrew his previous motion and moved that the Council remove from this evening's agenda consideration of an Area Plan Commission Report on Bill No. 1 -02 for the reason that no report has been received. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following bills based on their Public Hearing held on February 19, 2002. BILL NO. 117 -01 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 6 -02 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 9-02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 1, SEC. 21 -1 DEFINITIONS, AND ARTICLE 2, DIVISION 9, SEC. 21 -23 "C -2" PLANNED SHOPPING CENTER DISTRICT, 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 Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on March 11, 2002. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. -15- REGULAR MEETING FEBRUARY 25, 2002 RECONSIDERATION OF BILL NO. 02 -13 At this time Councilmember Coleman made a motion that the Council give consideration to tabled Bill No. 02 -13 as the presenter has arrived. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 3067 -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 4374 FOXFIRE DRIVE, 4131 GREENGLADE COURT AND 4308 CROSS CREEK DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. WHEREAS, a Statement ofBenefits and a petition forresidential 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 4374 Foxfire Drive, 4131 Greenglade Court and 4308 Cross Creek Drive, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 4374 Foxfire Drive Lot 264 Cross Creek 25- 1010 - 036579 4131 Greenglade Court Lot 77 Cross Creek 25- 1010 - 036887 4308 Cross Creek Drive Lot 130 Cross Creek 25- 1010 - 036855 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seg., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et 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 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 -16- REGULAR MEETING FEBRUARY 25, 2002 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: 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 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. -17- REGULAR MEETING FEBRUARY 25, 2002 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 /Roland Kelly Member of the Common Council Mr. Michael E. Urbanski, 17874 State Road 23, South Bend, Indiana, apologized for his tardiness and made the presentation for this Resolution. Mr. Urbanski informed the Council that this tax abatement request is for the last three (3) lots in the Cross Creek subdivision which will complete that subdivision. He noted that his firm was able to design houses to fit on those lots. Also, tax abatement may have already been applied for on these lots but on the advice of Mr. Mike Beitzinger of the Department of Community and Economic Development, he is applying on all three (3) of these lots to make sure it is done. Mr. Urbanski asked for a favorable vote on this Resolution to continue the work he has been doing in South Bend. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:39 p.m. ATTEST: LoC#yWua, y Jerk ATTEST Roland Kelly, President 1