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HomeMy WebLinkAbout09-23-02 Council Meeting MinutesREGULAR MEETING SEPTEMBER 23, 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, September 23, 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. WELCOME TO NEW 6TH DISTRICT COUNCILMEMBER ERVIN KUSPA Council President Kelly welcomed to the City Council Deacon Ery Kuspa, who will represent the Sixth District. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 11t District 2nd District 3' District President 4t' District Chairperson, Committee of the Whole 5th District 61h District At -Large At -Large At -Large 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 September 9, 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 to accept and place on file the minutes of the September 9, 2002, meeting of the Council. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS There was no special business to come before the Council at this time. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 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 nine (9) ayes. Chairman King presiding. Note: On September 9, 2002, Bill Nos. 63 -02, 64 -02, and 65 -02 were continued to this date in the Council Portion only. BILL NO. 63 -02 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2003 -1- REGULAR MEETING SEPTEMBER 23, 2002 BILL NO. 64 -02 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 65 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT It is noted that no comments were made by Councilmembers at this time. BILL NO. 61 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA 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. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioner is requesting a zone change from `B" Residential, "A" Height and Area, and `B" Height and Area to "C" Commercial, `B" Height and Area to allow a printing shop. The property currently contains a vacant commercial structure. Mr. Myers further noted that located to the north is the G.T.W. Railroad and single - family homes zoned "A" Residential, "A" height and area; to the east across Logan Street is a commercial business and a single - family home zoned "I -1" Light Industrial and a commercial business zoned "C -1" General Commercial in the City of Mishawaka; and to the south and west are single - family homes zoned "A" Residential, "A" height and area. Access to the site is from Logan Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is twenty one thousand seven hundred eighty (21,780) square feet. Of that, the buildings will occupy twelve per cent (12 %) of the site, parking and drives will occupy forty -seven per cent (47 %) of the site and forty -one per cent (41 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. It was noted that in 2001, a petition to rezone this property from `B" Residential to "C" Commercial for a retail use was withdrawn prior to the Area Plan Commission meeting. The Area Plan Commission, at its Public Hearing held on September 17, 2002, sent this petition to -2- i n u REGULAR MEETING SEPTEMBER 23, 2002 the Council with a favorable recommendation subject to a final site development plan showing screening on the south side. Although this property is currently zoned residentially and abuts residential zoning to the north, south and west, it is unlikely that the commercial structure that was used as a private club in the past will ever be used residentially. Mr. Anthony M. Zappia, Attorney at Law, 52582 U.S. 31 North, South Bend, Indiana, representing the Ironworkers Club 292, made the presentation for this bill. Mr. Zappia informed the Council that this petition requests a zone change for property located at 505 South Logan Street which contains a commercial structure which has been vacant for approximately two and one -half (21/2) years since the Ironworkers Club relocated to 3515 Boland Drive. Mr. Zappia noted that this facility, comprised of a steel frame with metal sheeting, was previously used as a meeting hall, for apprenticeship training and as a reception area. Mr. Zappia reviewed for the Council the various uses surrounding this building. He noted that by the very nature of this structure they do not believe that it will ever be used for residential purposes in the future and therefore the highest and best use for the property would be for what they are proposing tonight. The contingent purchasers are Lynn and John Rodriguez who have operated a small print shop called Mito -Craft, Inc. at 2416 Mishawaka Avenue for the past nine (9) years. Because their lease is expiring, they are looking to purchase their own building. Mr. Zappia noted that the Rodriguez's employ four (4) individuals. They utilize light duty presses and provide product identification decals for manufacturing companies as well as for municipalities including the City of South Bend. Mr. Zappia respectfully requested that the Council follow the recommendation of the Area Plan Commission and grant this rezoning request. He noted that Mr. and Mrs. Rodriguez and Mr. Bob Eaton, President of the Ironworkers Club, were available to answer any questions the Council may have. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one present wishing to speak to the Council either in favor of or in opposition to this bill. Council President Kelly noted that he has known the Rodriguez's for some time and they have run a fine business on Mishawaka Avenue. He stated that this move will benefit them and the Third District of South Bend which he represents. Therefore, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $348,654 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Beth Leonard, Director, Financial & Program Management, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Leonard advised that this bill will allow the City to continue to act as the administrator for the -3- REGULAR MEETING SEPTEMBER 23, 2002 AmeriCorps Program. As such, they are able to place thirty -four (34) AmeriCorps members in different not - for - profit agencies throughout the community. Ms. Leonard noted that the funds are not only the federal funds coming through the state but also fifty -two thousand dollars ( $52,000.00) of match money that comes from the agencies that are participating. 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. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: orett J. da, ity Clerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:13 p.m. Council President Roland Kelly presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9352 -02 AN ORDINANCE LEVYING TAXES AND FIXING THE (BILL NO. 63 -02) RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2003 This bill had third reading. Councilmember Aranowski noted that the Personnel and Finance Committee met this afternoon and sends Bill Nos. 63 -02, 64 -02 and 65 -02 to the full Council with favorable recommendations. Councilmember Varner stated that a lot of people have put in a lot of time on the budget and he has also sat through some of those meetings. He recalled that the City has always started its budget sessions with a five per cent (5 %) increase in property taxes which the state allows. Because the state will consider one per cent (1 %) less than projected revenues for next year and given the difficult financial times that the City is facing now, he suggested that perhaps next year the City consider a four per cent (4 %) increase rather than a five per cent (5 %) automatic increase which will cause the City to take a closer look at the budget. Councilmember Varner noted that it will come as no surprise that he has always had objections to the levy for the College Football of Hall of Fame. He pointed out that the levy for the Hall of Fame is nearly equal to the Police Pension Fund and the Fire Fund and is not a small amount of money. In C 1 FJ REGULAR MEETING SEPTEMBER 23, 2002 Councilmember Varner made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9353 -02 AN ORDINANCE APPROPRIATING MONIES FOR THE (BILL NO. 64 -02) PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003, AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Aranowski noted that the Personnel and Finance Committee met this afternoon and sends Bill Nos. 63 -02, 64 -02 and 65 -02 to the full Council with favorable recommendations. Therefore, Councilmember Coleman made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried by a roll call vote of eight (8) ayes and one (1) nay vote by Councilmember Varner. ORDINANCE NO. 9354 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE (BILL NO. ' 65 -02) CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2003 AND ENDING DECEMBER 31, 2003, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Aranowski noted that the Personnel and Finance Committee met this afternoon and sends Bill Nos. 63 -02, 64 -02 and 65 -02 to the full Council with favorable recommendations. Councilmember King made a motion to pass this bill. Councilmember Coleman seconded the motion which carried by a roll call vote of nine (9) ayes. ORDINANCE NO. 9355 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9356 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $348,654 WITHIN FUND 212 FOR THE PURPOSE OF ADMINISTERING THE AMERICORPS PROGRAM -5- REGULAR MEETING SEPTEMBER 23, 2002 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3123 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4018, 4026, AND 4034 CHERRY POINTE DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4018, 4026 and 4034 Cherry Pointe Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 4018 Cherry Pointe Drive Lot 42 Harvest Pointe Subdivision 25- 1013 - 020802* 4026 Cherry Pointe Drive Lot 42 Harvest Pointe Subdivision 25- 1013 - 020802* 4034 Cherry Pointe Drive Lot 44 Harvest Pointe Subdivision 25 -1013- 020802* (* - the master key number is currently being split and separate key numbers will be assigned to each of the above addresses /lots.) be designated as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 W REGULAR MEETING SEPTEMBER 23, 2002 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: 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 seq. -7- REGULAR MEETING SEPTEMBER 23, 2002 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 Mr. Scott Johnston, representing the Hickey Group, 4560 South Ironwood Drive, South Bend, Indiana, made the presentation for this Resolution. Mr. Johnston advised that this project is a continuation of the development of the Harvest Pointe Subdivision. He noted that three (3) lots were not included in the original residential tax abatement petition which was approved for residential abatement on May 11, 1998. Three (3) ranch style villas will be built on these lots and will range in size from one thousand five hundred (1,500) to one thousand eight hundred (1,800) square feet. 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 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 seven (7) ayes. RESOLUTION NO. 3124 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RJR 1 LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3820 William Richardson Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and described as being Lot 6 of the Toll Road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and which has Key Number 25 -500- 15105, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and in u 1 REGULAR MEETING SEPTEMBER 23, 2002 WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Roland Kelly Member of the Common Council Ms. Judith Eck and Mr. Rich Rupsis of RJR Properties, no address given, made the presentation for this Resolution. - Mr. Rupsis informed the Council that they are seeking confirmation of their building expansion which is set to start tomorrow morning pending Council approval. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak either in favor of or in opposition to this Resolution. Therefore, Councilmember Pfeifer 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 nine (9) ayes. RESOLUTION NO. 3125 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3820 WILLIAM RICHARDSON DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FDC GRAPHIC FILMS, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3820 William Richardson Drive and which is more particularly described as follows: A parcel of land in the Northeast quarter of Section 21, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, 0 REGULAR MEETING SEPTEMBER 23, 2002 and described as being Lot 6 of the Toll road Industrial Park - Section Four, as recorded under instrument number 8822752, dated August 18, 1988, at the office of the recorder, St. Joseph County, Indiana, and containing 9.1421 acres, more or less, and is subject to all easements, restrictions and or covenants of record. and this property has Key Number 25 -500- 15105, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Roland Kelly Member of the Common Council Ms. Judith Eck, President, FDC Graphic Films, Inc. and Mr. Rich Rupsis, Vice - President of FDC Graphic Films, Inc. made the presentation for this Resolution. Mr. Rupsis stated that they are seeking the Council's approval for a five (5) year tax abatement for the capital equipment for the company that leases from RJR 1 LLC. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak either in favor of or in opposition to this Resolution. Therefore, Councilmember Varner 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 nine (9) ayes. RESOLUTION NO. 3126 -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 1610 CAMPEAU -10- u REGULAR MEETING SEPTEMBER 23, 2002 STREET, 2244 HUEY STREET, 5302, 5310, 5314, 5318 AND 5324 ROGER AVENUE 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 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 1610 Campeau Street, 2244 Huey Street, 5302, 5310, 5314, 5318 and 5324 Roger Avenue, South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 1610 Campeau Street Lot 3 Coquillard Woods 18 -5142 -5191 2244 North Huey Street Lot 72 EX. N 20'& N. PT. Vac. St. Jackson Prop. 18- 2114 -4182 5302 Roger Avenue Lot 8 & 9 Portage Gardens 18- 2223 -8289 and 18- 2223 -8288 5310 Roger Avenue Lot 6 & 7 Portage Gardens 18- 2223 -8287 5314 Roger Avenue Lot 5 Portage Gardens 18- 2223 -8286 5318 Roger Avenue Lot 4 Portage Gardens 18- 2223 -8285 5324 Roger Avenue Lot 3 Portage Gardens 18- 2223 -8284 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se p., 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; -11- REGULAR MEETING SEPTEMBER 23, 2002 or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement 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. -12- REGULAR MEETING SEPTEMBER 23, 2002 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 conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski informed the Council that this is another request for tax abatement not unlike the others for which he has come before the Council in the past. He noted that tax abatement is a good tool that is working to bring new residential housing in the City of 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 Aranowski made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. - RESOLUTION NO. 3127 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA MAKING A PRELIMINARY DETERMINATION TO CONDUCT REMEDIATION ACTIVITIES AT THE FREDRICKSON PARK SITE IN THE CITY OF SOUTH BEND, TO ISSUE BONDS TO PROVIDE THE COST THEREOF, TO PLEDGE A PORTION OF THE CITY'S COUNTY OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTERS CONNECTED THEREWITH WHEREAS, the City of South Bend, Indiana (the "City ") owns certain Brownfield property near South Bend Avenue and Howard Street in the northeast portion of the City, commonly known as Fredrickson Park, and more particularly described on Exhibit "A" hereto (the "Property "); and WHEREAS, the City has previously investigated the environmental condition of the Property and has determined to conduct non -time critical removal activities and other general environmental remediation activities on the Property in order to make the property suitable for future redevelopment (the "Project "); and WHEREAS, pursuant to South Bend Common Council Resolution No. 3106 -02, the City, in July 2002, made application (the "Application ") to the Indiana Development Finance Authority ( "IDFA ") for a loan from the Indiana Department of Environmental Management ( "IDEM ") Brownfields Cleanup Revolving Loan Fund (the "Loan "), in an amount not to exceed $1 million, to provide funds to finance the Project, and IDFA has informed the City that the Application meets the criteria for the Loan and has requested confirmation of the availability of funding to repay the Loan; and WHEREAS, the general remediation of the Property and the redevelopment of the Property will be a public benefit to the health, safety, and general welfare of the City and its citizens; and it would appear that the financing of the Project would be a public benefit to the health, safety, and -13- REGULAR MEETING SEPTEMBER 23, 2002 general welfare of the City and its citizens; and WHEREAS, the St. Joseph County Income Tax Council has imposed a county option income tax ( "COIT ") pursuant to IC 6 -3.5 -6 on the adjusted gross income of the St. Joseph County taxpayers; and WHEREAS, to provide security for the Loan, IDFA has requested that the Common Council of the City (the "Common Council ") pledge a portion of the City's COIT revenues to pay debt service on the Loan; and WHEREAS, before proceeding further with the Loan, IDFA has requested that the Common Council express its intention to make such pledge of COIT revenues. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION 1. The Common Council finds and confirms that the Project is desirable to improve the health, safety, and general welfare of the citizens of the City; and that it is in the public interest that the City take such action as it lawfully may take to encourage such activities. SECTION 2. The Common Council further funds and confirms that it is authorized by Indiana law to issue and sell bonds to finance the Project. SECTION 3. In order to induce the IDFA and IDEM to proceed with the processing of the Loan, the Common Council hereby finds, determines and confirms that: (i) it will take or cause to be taken such action pursuant to Indiana law as may be required to implement the aforesaid Loan or as it may deem appropriate in pursuance thereof, provided that all of the foregoing shall be mutually acceptable to the City and the IDFA; and (ii) it will adopt such ordinances and resolutions and authorize execution and delivery of such instruments and the taking of such actions as may be necessary and advisable for the authorization, issuance, and sale of bonds in connection therewith; (iii) in furtherance and anticipation thereof, concurrently with the filing of this Resolution, a proposed ordinance (the "Ordinance ") was filed with the Clerk of the Common Council providing for the financing of the Loan, and it is anticipated that the Ordinance will receive a public hearing and be considered for passage by the Common Council at its meeting on October 14, 2002. SECTION 4. The Common Council hereby expresses its intention to adopt an ordinance pledging a portion of the City's share of COIT revenues to the repayment of the bonds (the "Pledge Ordinance "). The Pledge Ordinance shall set forth the terms of the pledge of COIT revenues and will be adopted by the Common Council following the approval of the issuance of the bonds by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. COMMON COUNCIL OF THE CITY OF SOUTH BEND s/Roland Kelly Member of the Common Council EXHIBIT "A" PARCEL I: A parcel of land being a part of the Northwest Quarter of Section 6, Township 37 North, Range 3 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows, viz: Beginning on the North line of a parcel of land heretofore conveyed to Stephen A. and Mary J. Knoblock, husband and wife by a Warranty Deed recorded in Deed Record 145, page 108 in the Office of the Recorder of St. Joseph County, Indiana -14- REGULAR MEETING SEPTEMBER 23, 2002 at a point 165 feet West of the East line of said Northwest Quarter, said point being 702.6 feet North and 165 feet West of the center of said Section 6; thence North 89'26'19" West, a distance of 494.09 feet; thence South 0 °25'01" West (South 0 °19'30" West, deed bearing) a distance of 322.01 feet to the North right -of -way line of Howard Street, a 50 foot right -of -way; thence North 89 °34'26" West (North 89'26'19" West, deed bearing) along said North right -of -way line, a distance of 293.20 feet; thence North 0 °25'34" East, a distance of 150.00 feet; thence North 89 °34'26" West (North 89'26'19" West, deed bearing) parallel with said North right -of -way line of Howard Street, a distance of 160.19 feet to a point on the Easterly line of a 12 foot alley, said Easterly alley line being also the Easterly line of Talbot's Plat as recorded in said St. Joseph County Recorder's Office; thence North 30 °51'40" West (North 30 °54'41" West deed bearing) along said Easterly alley line, a distance of 366.41 feet (375.20 feet, deed distance) to a point 141.10 feet Southeasterly of the Southerly right -of -way line of South Bend Avenue (State Road 23), as measured along said Easterly alley line; thence North 51 °54'39" East (North 51 °55'20" East, deed bearing) parallel with said Southerly right -of -way line of South Bend Avenue, a distance of 304.16 feet (303.80 feet, deed distance); thence North 38 °05'21" West (North 38 °04'40" West, deed bearing) a distance of 140.00 feet to said Southerly right -of -way line of South Bend Avenue; thence North 51 °54'39" East (North 51 °55'20" East, deed bearing) along said Southerly right -of -way line, a distance of 27.00 feet; thence South 38 °05'21" East (South 38 °04'40" East, deed bearing) a distance of 140.00 feet; thence North 51'54'39" East (North 51 °55'20" East, deed bearing) parallel with said Southerly right -of -way line, a distance of 179.32 feet to a Westerly line of a parcel of land leased to Sunnyside Beverages, Inc. as described in Deed Record 811, page 578 in said St. Joseph County Recorder's Office; thence South 37 °37'59" East (South 37 °42'00" East, deed bearing) along a Westerly line of said lease parcel, a distance of 219.84 feet (219.97 feet, deed distance); thence North 53 °25'38" East (North 53 °26'40" East, deed bearing) along the Southerly line of said lease parcel, a distance of 324.46 feet; thence North 36 °31'02" West (North 36 °30'00" West, deed bearing) along the Easterly line of said lease parcel, a distance of 177.96 feet (180.33 feet, deed distance) to the North line of the South Half of said Northwest Quarter of Section 6; thence South 89'38'17" East (South 89 °21'40" East, deed bearing) along said North line, being also the South line of Colpaert's Replat of Lots Numbered 14 through 37 in Parker and Allen's Addition to the City of South Bend, a distance of 449.82 feet (451.03 feet, deed distance) to a point on said line that is 165.00 feet West of the North -South centerline of said Section 6; thence South 0'21'16" West (South 0'21'18" West, deed bearing) parallel with said North -South centerline, a distance of 625.07 feet to the place of beginning. PARCEL II: Sub - parcel A, described as follows: A tract of land in the Southeast Quarter of the Northwest Quarter of Section 6, Township 37 North, Range 3 East described as follows: beginning 441.35 feet North and 660 feet West of the center of said Section 6, thence running North 150 feet, thence West 293.5 feet, thence South 150 feet, thence East 293.5 feet to the place of beginning. Note: Exhibit A also contains a detailed drawing which is not incorporated into these minutes but is located with the original Resolution. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon, as substituted, and voted to send it to the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that before the Council is a preliminary Resolution indicating the Council's intent to follow through with authorizing a loan for the City of South Bend from the Indiana Development Finance Authority in an amount not to exceed $1 million. It states the Council's intent to act on repayment of that loan. An ordinance establishing all the factors related to repayment of -15- REGULAR MEETING SEPTEMBER 23, 2002 that loan will be heard by the Council at their October 14th meeting. Ms. Kolata noted that the Indiana Development Finance Authority has asked for this Resolution. They have to put this loan together with the U.S. Environmental Protection Agency and some of the money has a September 30, 2002 deadline and therefore they want to make sure that this project is moving forward. The purpose of the loan is to remediate a brownfield which is an environmentally challenged piece of property within the City limits. It is expected that by the end of this year all loan documents will be in place and they will be back before the Council with the final details. Ms. Kolata advised that Attorney Alan Feldbaum from Barnes & Thornburg is also present to answer any technical questions related to the financing. Ms. Kolata asked for the Council's favorable action on 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 King made a motion to adopt this Resolution, as substituted. Councilmember White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 75 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF BROADWAY STREET, FROM MICHIGAN STREET TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 150 FEET AND A WIDTH OF 14 FEET. BEING A PART OF HANEY' S ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on October 14, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE PRELIMINARY ISSUANCE OF BONDS TO EVIDENCE A LOAN FROM THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT BROWNFIELDS CLEANUP REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY, PLEDGING A PORTION OF THE CITY'S COUNTY OPTION INCOME TAX REVENUES TO SECURE SUCH BONDS, AND OTHER MATTERS CONNECTED THEREWITH This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 14, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -16- REGULAR MEETING SEPTEMBER 23, 2002 UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: BILL NO. 61 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 SOUTH LOGAN STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember King made a motion to accept and acknowledge the report from the Area Plan Commission on this bill but take no further action as this bill has already been considered by the Council this evening. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 58 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on October 14, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS AVE., 615 & 619 EAST WASHINGTON STREET IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to accept the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman a motion to send this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 14, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS REGARDING CITY WIDE BASKETBALL FACILITY - JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that he took under advisement what they said about this issue at its last meeting but noted that he sees things differently than the Council because he has a better view from the bottom because he has been there awhile. He told the Council that the City needs a center where everyone from different races and nationalities and sexes could get together and play basketball without a bad reputation and not being isolated to one side of town. Mr. Swanson noted that one of the Mayor's assistant's said that he was concerned about it being open twenty -four (24) hours a day because of the type of individuals that would go there. -17- REGULAR MEETING SEPTEMBER 23.2002 Mr. Swanson noted that they would all be in one location where they can be kept track of He noted that he believes this idea will work and it may take twenty (20) years but he will be back to discuss it again. Councilmember Kelly informed Mr. Swanson that the Council looks forward to seeing him and thanked him for his suggestions. ADJOURNMENT There being no further business to come before the Council, President Kelly adjourned the meeting at 7:35 p.m. ATTEST: ALL-11 Loretta u a, Cit Clerk ME ATTEST: n. Oland Kelly, President 1 1 I