Loading...
HomeMy WebLinkAbout05-28-02 Council Meeting MinutesREGULAR MEETING MAY 28, 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 Tuesday, May 28, 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: Roland Kelly 3 District Karl King 4th District David Varner 5th District Andrew Ujdak 6" District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Absent: James Aranowski 1St District Charlotte Pfeifer 2' District President Chairperson, Committee of the Whole Vice - President 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 May 13, 2002 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s/David Varner Councilmember Coleman made a motion that the minutes of the May 13, 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 ANNOUNCEMENT OF APPOINTMENT TO HISTORIC PRESERVATION COMMISSION Councilmember Varner advised that there is a Republican appointment open on the Historic Preservation Commission as a result of a resignation. Therefore, he announced the appointment of Ms. Virginia O'Hair to that position. RESOLUTION NO. 3096 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CELEBRATING THE TENTH ANNIVERSARY OF THE SISTER CITY AGREEMENT BETWEEN SOUTH BEND AND CZESTOCHWA, POLAND WHEREAS, on the 30th day of May 1992, representatives of the City of South Bend and the City of Czestochwa signed the Sister City Agreement in Czestochwa, Poland; and WHEREAS, the Common Council adopted Resolution No. 1960 -92 on July 13,1992 which formally ratified the Sister City Agreement which pledges the establishment of friendship and cooperation to strengthen and formalize the rich ethnic ties between these two great cities; and -1- REGULAR MEETING MAY 28, 2002 WHEREAS, the Common Council recalls with great fondness meeting Tadeusz Wrona, the President of Czestochowa and Zbigniew Sliwinski, the Deputy Mayor of Czestochowa, in July of 1992, when they made formal remarks at the July 13, 1992 Common Council meeting, along with the City of South Bend's delegation consisting of Eugene Ladewski, E. Jack Reed, Mikki Dobski Shidler, Mary Osmanski Ferlic and Dr. David Stefancic who journeyed to Czestochwa in May of that year to formally sign the Sister City Agreement; and WHEREAS, the Common Council further acknowledges that a formal document entitled the "Protocol for Cooperation Czestochowa - South Bend 1993- 1994" was signed by President Tadeusz Wrona and Mayor Joseph E. Kernan on October 14, 1993, which agreed to undertake joint ventures in areas addressing education, youth, sports, tourism, government, science, medicine, arts, retail and economic development; and WHEREAS, the Common Council hereby rededicates itself to promote the development of mutually beneficial undertakings in the continuation of the exchange of information; to support initiatives to establish business contacts; to exchange information and develop joint research programs in the areas of education, science and technology; to establish contacts between medical and social care institutions; and to organize exhibitions, concerts and other cultural events which would strengthen the traditional links between these American and Polish nations which aim at developing tourism both here and abroad in Czestochwa, Poland. 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 South Bend, Indiana, the Common council hereby publicly and officially recognizes the 10th Anniversary of the signing of the "Sister City Agreement" between the City of South Bend and the City of Czestochowa, Poland, and in recognition thereof proudly says "BOG ZAPLAC "! ! Section II. The Common Council hereby publicly pledges to rededicate its efforts to the principles set forth in the Sister City Agreement and the "Protocol for Cooperation Czestochowa - South Bend 1993 - 1994" and will initiate semi - annual meetings with the City Administration on these pro- active endeavors and will regularly communicate with officials of Czestochowa beginning with this Resolution being sent to the President of Czestochowa. Section III. 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, Third District s/Karl King, Fourth District s/David Varner, Fifth District s /Andrew Ujdak, Sixth District ATTEST: s /Loretta J. Duda, City Clerk s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s /Karen L. White, At Large s/Kathleen Cekanski- Farrand Council Attorney s /Stephen J. Luecke, Mayor Councilmember Coleman reported that the Parks, Recreation, Cultural Arts and Entertainment Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Sean Coleman, Councilmember At- Large, 4319 Foxfire Drive, South Bend, Indiana, made the presentation for this Resolution. Councilmember Coleman noted that he was a Councilmember at the time Czestochowa became a Sister City to South Bend. He further noted that it was a privilege to welcome the delegation from -2- L u REGULAR MEETING MAY 28, 2002 Czestochowa at that time as it is a privilege this evening to welcome members of the City's delegation to Czestochwa, Mr. Gene Ladewski and Ms. Mikki Dobski Shidler to join him for this presentation. Councilmember Coleman read the Resolution in its entirety and presented it to Mr. Ladewski and Ms. Dobski Shidler. Mr. Eugene Ladewski, former Common Council Member, no address given, thanked the Council for placing this Resolution on the agenda today. He noted that ten (10) years ago on May 30, 1992, he had the honor and privilege to be one (1) of the five (5) delegates representing the City of South Bend in signing an Agreement with the City of Czestochowa, Poland to become our Sister City. Ten (10) years ago Czestochowa had just finished enjoying one (1) year of democracy after being under communist rule for many years. During the past ten (10) years the City has hosted several groups, visitors, union leaders and members, hospital administrators, bankers and educators from Czestochowa. Ten (10) years ago the City built a bridge to a wonderful struggling city. Now, that bridge is not being used as much as it could be. There are many cultural, academic and business opportunities available. Mr. Ladewski urged the City administration and local community to again use that bridge to Czestochowa. He thanked the Council for this opportunity and asked them to pass this Resolution favorably. Ms. Mikki Dobski Shidler stated that their visit to Poland was unbelievable and she highlighted some activities in which they participated. She noted that one of the things that has been experienced over the number of years of the Sister City Program is that there is a whole new wave of Polish immigrants that have come to the United States since the end of the soviet rule. As the City has hosted the different groups and individuals who have come from Czestochowa it has come to know new Polish immigrants who have settled here and they have helped the City of South Bend to welcome those people that have come to visit. Ms. Shidler urged the Council to pass this Resolution. She informed the Council that the City of South Bend has been invited to send a delegation to Czestochowa in August of this year not only to mark the 10th anniversary of the Sister City Program but also to celebrate the jubilee of their festival which was established that same year and to be special guests during the festival. Ms. Shidler noted that a tour package will be put together in the hopes that other members of the community would like to join the official delegation. Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried by acclamation. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Ujdak made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of seven (7) ayes. Chairman King presiding. BILL NO. 29 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW REVOLVING FUND TO BE KNOWN AS THE INDUSTRIAL DEVELOPMENT FUND ( #434) Councilmember Varner advised that the Personnel and Finance Committee had a request from the presenter to continue this bill until June 10, 2002. Therefore, Councilmember Varner made a motion to continue this bill until the June 10, 2002 meeting of the Council. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 35 -02 PUBLIC HEARING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 8318 -92, AS AMENDED -3- REGULAR MEETING MAY 28, 2002 BY ORDINANCE NO. 8419 -93, CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO 8801 -97, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO. 9027 -99, AS AMENDED AND RESTATED BY ORDINANCE NO 9095 -00, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND SUPPLEMENTING AND AMENDING ORDINANCE NO. 9247 -01, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND THE COLLECTION, SEGREGATION AND THE DISTRIBUTION OF THE REVENUES OF SAID WATERWORKS, THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, OTHER MATTERS CONNECTED THEREWITH Councilmember Coleman made motion to hear the substitute version of this bill as on file with the City Clerk. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill and due to the lack of a quorum sends it to the Council without a recommendation. Mr. Rick 011ett, City Controller, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. 011ett advised that this bill concerns the Water Works bonds and amends the ordinances of 1993, 1997, 2000 outstanding bonds and the authorized and soon to be issued bonds of 2001. This bill will permit the City to fund a debt service reserve account with a surety bond. The debt service reserve fund is funded with a cash reserve as security for the bond holders. The actual substitution of the surety bond would be based on the economics of the individual surety agreement at that time. This would release the cash reserve to be used for water works projects and improvements and would be a one time source of funds. Mr. 011ett noted that the projects recommended would follow the normal appropriation procedure for approval by the Council. In response to questions from Councilmember Varner, Mr. 011ett stated that this action is a replacement of the debt reserve fund and it is a one time use of dollars. He also stated that he would inform the Council of the projects which will be funded with these dollars and noted that he distributed at the committee meeting this afternoon a list of prospective projects which would utilize these funds and which would have to be approved by the Council. This being the time heretofore set for the Public Hearing on the above bill, proponents and go it G REGULAR MEETING opponents were given an opportunity to be heard. MAY 28, 2002 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 31 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A TECHNICAL ERROR IN ORDINANCE 9314 -02 WHICH ADOPTS THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE Councilmember Al "Buddy" Kirsits reported that the Utilities Committee conducted a Public Hearing on this bill this afternoon but due to the lack of a quorum sends it to the full Council without a recommendation. Ms. Aladean DeRose, Member of the City of South Bend Legal Department, made the presentation for this bill. Ms. DeRose stated that this bill provides for recodification of the ordinance that was passed on March 25, 2002. References to Section 17 -47.1 of the South Bend Municipal Code are corrected to reflect that the correct Section number is 17 -48.1. She noted that this issue was brought to the attention of their office by the code service provider and that there are no substantive changes. 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 White seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 34 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CORRECTING TECHNICAL ERRORS IN ORDINANCE #9290 -01 WHICH ESTABLISHES UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES Councilmember Al `Buddy" Kirsits reported that the Utilities Committee met this afternoon but due to the lack of a quorum sends this substituted bill with no recommendation. Councilmember Coleman made motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Ms. Aladean DeRose, Legal Department, City of South Bend, made the presentation for this bill. Ms. DeRose advised that this bill corrects the technical codification error that was present in the bill that was passed on November 26, 2001. Originally this bill was codified as Chapter 17, Article 9, Section 66 -75 of the Municipal Code. They have been advised by the codification service provider that this ordinance should be recodified as Chapter 17, Article 10, Section 79 -88. Additionally, this -5- REGULAR MEETING MAY 28, 2002 bill makes some non - technical semantic changes throughout the ordinance by adding the word "real" as a modifier of property. It confirms that any assessment for non -City commercial/ industrial water main charges are not subject to the maximum rate cap that is provided to residents of the City. Substantively, it makes one (1) change at Section 17 -85(c) and that is that those non -City residents who apply for sewer and water main line extensions are given the benefit of the lower in- City rates if they make a qualified petition for annexation to the City under all the requirements of state statute. That petition for annexation is both irrevocable and contemporaneous with their request for services. As part of the process to assure that those who seek this benefit that the City provides to its citizens is not obtained by those who apply for annexation improperly, an agreement has been drafted which would accompany any such request so that the owner acknowledges that if there is any problem with the annexation then the non -City higher rates will apply. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Varner 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 Kelly seconded the motion which carried by a voice vote of seven (7) ayes. ATTEST: Loretta uda City Clerk ATTEST: , #KAre C ai r of the 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 7:29 p.m. Council President Roland Kelly presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9328 -02 AN ORDINANCE SUPPLEMENTING AND AMENDING ORDINANCE NO. 8318 -92, AS AMENDED BY ORDINANCE NO. 8419 -93, CONCERNING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS AND IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO 8801 -97, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; SUPPLEMENTING AND AMENDING ORDINANCE NO. 9027 -99, AS AMENDED AND RESTATED BY 01 REGULAR MEETING MAY 28, 2002 ORDINANCE NO 9095 -00, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND SUPPLEMENTING AND AMENDING ORDINANCE NO. 9247-01, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE WATERWORKS OF THE CITY OF SOUTH BEND AND THE ISSUANCE OF REVENUE BONDS TO PROVIDE THE COST THEREOF; AND THE COLLECTION, SEGREGATION AND THE DISTRIBUTION OF THE REVENUES OF SAID WATERWORKS, THE SAFEGUARDING OF THE INTERESTS OF THE OWNERS OF SAID BONDS, OTHER MATTERS CONNECTED THEREWITH This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Ujdak seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9329 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CORRECTING A - TECHNICAL ERROR IN ORDINANCE 9314 -02 WHICH ADOPTS THE ST. JOSEPH COUNTY HEALTH DEPARTMENT WELLHEAD PROTECTION ORDINANCE This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9330 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND CORRECTING TECHNICAL ERRORS IN ORDINANCE #9290 -01 WHICH ESTABLISHES UNIVERSAL WATER AND SEWER MAIN LINE INSTALLATION CONSTRUCTION CHARGES This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS BILL NO. 02 -42 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, -7- REGULAR MEETING MAY 28, 2002 INDIANA, COMMONLY KNOWN AS 237 NORTH MICHIGAN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR LASALLE PROPERTY MANAGEMENT CO., LLC Councilmember Coleman made a motion to strike this Resolution from the agenda. Councilmember Ujdak seconded the motion which carried by a voice vote of seven (7) ayes. RESOLUTION NO. 3097 -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 2101 PORTAGE AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KURT OGOREK WHEREAS, a Statement ofBenefits and apetition 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 2101 Portage Avenue, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 2101 Portage Avenue Lot 8 Jackson Sub Prop 18- 2116 - 423901 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 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 a Residentially Distressed 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 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 1 1 REGULAR MEETING MAY 28, 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. U REGULAR MEETING MAY 28, 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 Councilmember King reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Mike Urbanski, Garden Homes by E.L., Inc., 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski advised that he represents Mr. Ogorek and is the builder of a new house located on Portage and Bergan. He noted that this is another of many houses built in the City. Mr. Urbanski further noted that this is a first time home builder and he asked for the Council's support of this Resolution. 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 Ujdak 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. RESOLUTION NO. 3098 -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 5301 OLDS AVENUE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DIANE R. CUNNINGHAM 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 5301 Olds Avenue, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 5301 Olds Avenue Lot 98 Portage Garden 18- 2223 -8323 -10- 1 i 1 REGULAR MEETING MAY 28, 2002 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 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 a Residentially Distressed 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 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: 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: -11- REGULAR MEETING MAY 28, 2002 A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /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. Mike Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski advised that he will be building a house for Ms. Diane Cunningham on Olds Avenue in another area of the City where there are just a few lots left. Mr. Urbanski noted that Ms. -12- REGULAR MEETING MAY 28, 2002 Cunningham could not be present tonight and he asked on her behalf that the Council approve this tax abatement so she can build a new house on Olds Avenue. 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. BILL NO. 02 -47 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL REFERRING TO AND REQUESTING THAT THE CITY OF SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAL DEVELOPMENT APPROVE A COMMUNITY REVITALIZATION AND ENHANCEMENT DISTRICT (CREED) Councilmember Coleman made a motion that this bill be continued until the June 10, 2002 meeting of the Council at the request of the Petitioner. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 37 -02 FIRST READING ON A BILL APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 10, 2002. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 38 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $100,000 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on June 10, 2002. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. -13- REGULAR MEETING MAY 28, 2002 BILL NO. 39 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING AN OMISSION IN ORDINANCE NO. 9179 -00 WHICH ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES AND ALLOCATED COSTS TO A RECENTLY ANNEXED AREA WITHIN THE CITY OF SOUTH BEND AND TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH AND MAIN_ STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on June 10, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 40 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21ST STREET WEST TO THE FIRST NORTH /SOUTH ALLEY; AND THE FIRST NORTH /SOUTH ALLEY WEST OF 21ST STREET FROM THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 10, 2002. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County for the following ordinance based on their Public Hearing held on May 21, 2002: BILL NO. 19 -02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2733 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on June 10, 2002. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR CONCERNS REGARDING THE CLOSING OF LA SALLE HIGH SCHOOL Ms. Trina Robinson, NAACP, no address given, advised the Council that earlier today she -14- REGULAR MEETING MAY 28, 2002 had the privilege of addressing the school board and tonight she would like to share some of the issues she shared with them. Ms. Robinson noted that there seems to be some concern within the community as to what Judge Sharp said at his May 1 st hearing. Ms. Robinson distributed copies of the transcript from that status conference and read several excerpts from the transcript. She noted that one of the concerns that the NAACP has is that the judge has made it clear that his consent order will not be changed and for some reason the school board is acting in contempt of court. She stated that she is not sure what the Council's capacity is or what they can do but she believes it is a tragedy that the school board would go beyond the judge's orders. Ms. Robinson also distributed information from Yonkers, New York indicating that the superintendent was part of a lawsuit in Yonkers where a judge found that officials and educators were liable for racial segregation and housing in schools. She stated that she believes that the same situation exists in South Bend. This action forces the whites to the east end of town where they can afford to live and the blacks to the west end where there is more rental property. The disadvantaged and the minorities are forced to accept something less desirable. She noted that for the record she wanted it known that this information has been shared with the Council in South Bend. Council President Kelly thanked Ms. Robinson for the information and noted that the Council appreciates her providing them with this information. He pointed out, however, that the Council has no influence in terms of what happens with the school corporation or actions taken by the school board. He noted that as anyone in the community, members of the Council have opinions and can personally voice them to the school corporation but they do not have any actual influence. Ms. Linda Hopkins, 1134 Canterbury Drive, South Bend, Indiana, member of the LaSalle Group, informed the Council that she has become personally concerned with the actions of the school board and has done some research. She stated that she feels that some residents of the community are being taken advantage of by the school board and is upset that no leaders are speaking out in their defense. Ms. Hopkins noted that she compared census figures to the demographics of the area and found that the west side is the more economically disadvantaged area of our community with the lowest educational attainment and the highest number of single parent households. They also have the highest minority rates in the community. This data is very detrimental to them with regard to the potential for drop out rates. She noted that she has sent letters and e -mails and all of the responses that she has received reiterated the words of Council President Kelly in that although some people may feel sympathetic to the cause there is nothing that they can do. Ms. Hopkins stated that someone somewhere must have the ability to speak out in favor of what is right whether they have the legislative responsibility to do anything about it or not. This action is morally wrong and it is very detrimental to the at risk students. The bridge between poverty and wealth is education and the actions of the school board is removing that bridge for many of the members of the community and everyone should be concerned. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:47 p.m. ATTEST: Loretta J. Du a City 9erk -15- ATTEST: Roland Kelly, President