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HomeMy WebLinkAbout10-14-02 Council Meeting MinutesREGULAR MEETING OCTOBER 14, 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, October 14, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Ervin Kuspa Sean Coleman Al "Buddy" Kirsits Absent: Karen L. White 1" District 2nd District 3rd District President 0 District Chairperson, Committee of the Whole 5' District 6' 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 23, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the September 23, 2002 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS ANNOUNCEMENT OF APPOINTMENT TO HISTORIC PRESERVATION COMMISSION Council President Roland Kelly announced the appointment of Ms. Lynn Patrick to the Historic Preservation Commission. 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 eight (8) ayes. Chairman King presiding. BILL NO. 44 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember King announced that the petitioner has asked that this bill be postponed until the November 11th meeting of the Council. Therefore, Councilmember Coleman made a motion to -1- REGULAR MEETING OCTOBER 14, 2002 continue this bill until November 11, 2002. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 58 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa reported that the Area Plan Commission conducted a Public Hearing and sent a favorable recommendation to the Council concerning this bill and that the Zoning & Annexation Committee also met on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioners are requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area to allow uses permitted in the "A" Residential Zoning District. Mr. Myers advised that the property currently contains a single family home. Located to the north is a cemetery and cemetery property zoned "C" Commercial, "D" Height and Area and "A" Residential, "A" Height and Area; to the east and south are single family homes zoned "A" Residential, "A" Height and Area; and to the west across Portage Avenue is a commercial business zoned "C" Commercial, "D" Height and Area and single family homes zone "A" Residential, "A" Height and Area. Access to the site is from Portage Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is one (1) acre. Mr. Myers further advised that a check of the Agency's maps indicates that no flood hazards, wetlands, or environmental hazard areas are present. However, a public well is located northeast of the site. A site plan is not required for rezonings to "A" Residential. The Area Plan Commission, at its Public Hearing held on September 17, 2002, sent this petition to the Common Council with a favorable recommendation. The proposed rezoning would bring the entire site into conformance with the current land use and will be more compatible with the adjacent residentially zoned neighborhood than the commercial uses that could be developed under the existing zoning. Councilmember Aranowski informed the Council that the petitioner is a client of his accounting firm and he deferred to Council Attorney Kathleen Cekanski- Farrand for a ruling on whether or not he could act on this matter. Attorney Cekanski- Farrand advised that based on her review of this matter there is no conflict of interest and Councilmember Aranowski may take part in the debate and voting on this matter. Ms. Doris A. Saucelo, 2254 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Mrs. Saucelo advised that she is asking for this rezoning to change their home from "C" Commercial to "A" Residential because she is selling this property and because the buyers are with FHA, they require that the zoning be residential. 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 -2- REGULAR MEETING OCTOBER 14, 2002 bill, Councilmember Coleman made a motion for favorable recommendation to the full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 62 -02 PUBLIC HEARING ON A BILL 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 Kuspa reported that the Area Plan Commission conducted a Public Hearing on this bill and has submitted a favorable recommendation and that the Zoning & Annexation Committee also met on this bill and sends it to the Council with a favorable recommendation. Council Attorney Kathleen Cekanski - Farrand advised that the Council will be considering the substitute ordinance which has already been accepted. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioners are requesting a zone change from `B" Residential, `B" Height and Area to "A -3" Mixed Use Multi- Family Residential and Commercial District, "G" Height and Area to allow an off - street parking facility. The property is currently vacant land. Mr. Myers further advised that located to the north are single family homes and a multi family dwelling unit zoned `B" Residential, `B" Height and Area; to the east across St. Louis Avenue are single family homes, a multi - family dwelling unit and an office zoned `B" Residential, `B" Height and Area; to the south across Washington Street is an office zoned "A -3" Mixed Use, "G" Height and Area and to the west is a commercial business zoned "C" Commercial, `B" Height and Area. Access to the site will be from the alley west of the site. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is ten thousand eight hundred ninety (10,890) square feet. Of that, the parking and drives will occupy ninety per cent (90 %) of the site, and ten per cent (10 %) 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. A petition to rezone a portion of this site from `B" Residential, `B" Height and Area to "A -3" Mixed Use, "G" Height and Area was approved by the Common Council on May 13, 2002 to allow an off - street facility. However, a final site plan has not been approved to finalize the zoning. The Area Plan Commission, at its Public Hearing held on September 17, 2002, sent this petition to the Council with a favorable recommendation subj ect to a final site development plan. This site will serve as an off street parking facility for the office and laboratory facility to the south. With proper buffering for the surrounding residential uses through the use of screening, as currently shown on the site plan, it is the Area Plan Commission's opinion that the proposed use is reasonable for this site. However, it is recommended that the parking lot be made available for public use after hours of operation. Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill representing the owner and petitioner, Underwriter's Laboratories, Inc., 110 South Hill Street, South Bend, Indiana. -3- REGULAR MEETING OCTOBER 14, 2002 Mr. Danch advised that Underwriter's Laboratories is requesting this rezoning for a piece of property located on the northwest corner of Washington Street and St. Louis on which they intend to construct a thirty -three (33) space parking lot. A portion of the property had previously been zoned to the "A3" District but a final site plan was not filed. Mr. Danch noted that at the time of the original rezoning there was one (1) additional house that was located on the west portion of the property. Since that rezoning, Underwriter's Laboratories, was able to acquire that house which they did remove. They would now like to take the entire piece of property from St. Louis all the way over to the alley and create a parking area. Access will be off of the alley which is located on the western portion of the site. They will provide extensive screening along the north line which would be a wood screen fence. Along St. Louis and Washington Street they will provide extensive landscaping which will most likely be evergreen shrubbery. The drainage will meet all the City requirements. The purpose of this parking area is to provide additional parking for Underwriter's Laboratories which is located on the south side of Washington Street. Mr. Danch asked for the Council's favorable approval of this rezoning and added that the petitioner has no objections to the parking lot being used after hours by the public for activities being held in the East Bank area. 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 the full Council concerning this bill as substituted. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 75 -02 PUBLIC HEARING 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 Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Bill Azalay, Life Treatment Centers, no address given, made the presentation for this bill. Mr. Azalay advised that they purchased the property at 1412 South Michigan Street and demolished the building at that site. He noted that they are looking at providing landscaping and are moving along with the renovation of Michigan Street with irrigation. He further noted that Notre Dame Students /architects will be working with them on this project. In regards to the alley, they have observed that this alley is not being used. They intend to sod the area, provide landscaping and to make a circle drive which will make it more presentable. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. ME REGULAR MEETING OCTOBER 14, 2002 BILL NO. 68 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2003 Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. City Clerk Loretta J. Duda, Room 455, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Duda advised that this is an annual ordinance that sets the salaries of the Mayor and City Clerk pursuant to Indiana Code 36- 4 -7 -2. The ordinance establishes the annual compensation for calendar year 2003 for the Mayor at $84,096.00 and for the City Clerk at $45,556.00. These amounts reflect a four percent (4 %) increase which is what non - bargaining City employees will receive in 2003. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 76 -02 PUBLIC HEARING 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 Councilmember Kelly made a motion to consider the substitute version of this bill as filed. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill this afternoon and sends it to the full Council with a favorable recommendation. Ms. Ann Kolata, Department of Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this ordinance authorizes the borrowing of $1 million for the remediation of the brownfield site which is known as Fredrickson Park which is in the vicinity of Indiana 23 and Howard Street. The loan proceeds will be used to remediate the environmental problems that are at the site and this authorizes the borrowing of the money and sets the maximum terms under which it will be repaid. This bill indicates that it cannot go longer than twenty (20) years and not more than three per cent (3 %) interest and contains a no prepaid penalty if the City should choose to pay it back sooner. Ms. Kolata noted that they are still in negotiations with the State of Indiana on the money. They believe that they will be doing a ten (10) year bond at a two and one -half per cent -5- REGULAR MEETING OCTOBER 14, 2002 (2.5 %) interest rate and that they will be granted ten per cent (10 %) of the funds which means that $1 million will be borrowed but the City will be paying back nine hundred thousand dollars ($900,000.00) at two and one -half per cent (2.5 %) interest. Ms. Kolata noted that these terms are not yet final but are within the parameters of this ordinance. 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 Pfeifer made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. A Loretta . Du , City Jerk REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:20 p.m. Council President Roland Kelly presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9357 -02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2254 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9358 -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 This bill had third reading. Councilmember Coleman made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember King seconded the motion which carried by a roll call vote of eight (8) ayes. I on REGULAR MEETING OCTOBER 14, 2002 ORDINANCE NO. 9359 -02 AN ORDINANCE 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 third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9360 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2003 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCENO. 9361 -02 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to hear the substitute version of this bill as heard in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember King made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 3128 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1610 CAMPEAU STREET, 2244 HUEY STREET, 5302, 5310, 5314, 5318 AND 5324 ROGER AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN HOMES BY E.L., INC. 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 -7- REGULAR MEETING OCTOBER 14, 2002 for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1610 Campeau Street, 2244 Huey Street, 5302, 5310, 5314, 5318 and 5324 Roger Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address: 1610 Campeau Street 2244 North Huey Street 5302 Roger Avenue Legal Description: Lot 3 Coquillard Woods Lot 72 EX. N 20'& N. PT. Vac. St. Jackson Prop. Lot 8 & 9 Portage Gardens 5310 Roger Avenue Lot 6 & 7 Portage Gardens 5314 Roger Avenue Lot 5 Portage Gardens 5318 Roger Avenue Lot 4 Portage Gardens 5324 Roger Avenue Lot 3 Portage Gardens be designated as a Residentially Distressed Area; and Key Number: 18 -5142 -5191 18 -2114 -4182 18- 2223 -8289 and 18- 2223 -8288 18- 2223 -8287 18- 2223 -8286 18- 2223 -8285 18- 2223 -8284 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 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 1 n REGULAR MEETING OCTOBER 14, 2002 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. 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. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski informed the Council that this is one of many houses that have been built with the aid of tax abatements. He noted that Mr. Jon Hunt has requested that he put together some numbers of what has happened in the last five (5) years and he is sure everyone will be surprised at the number of new residences /families in the City of South Bend. A Public Hearing was held on the Resolution at this time. U REGULAR MEETING OCTOBER 14, 2002 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 Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 3129 -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 3227 WEST SAMPLE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR LARRY C. AND CAROLL A. JOHNSON WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 3227 West Sample Street, South Bend, Indiana, and which is more particularly described as follows: W 371.25' Belleville Unit H and which has Key Number 18- 4062 -2322, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et. sea.,and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. sea., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; -10- REGULAR MEETING OCTOBER 14, 2002 D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing this afternoon on this Resolution and voted to send it to the full Council with a favorable recommendation. Mr. Mark Johnson, 3227 West Sample Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Johnson informed the Council that the project involves construction of a six thousand (6,000) square foot facility at 3227 West Sample Street which currently houses South Bend Discount Liquor and a hair salon called Karen for Your Hair. The space will be subdivided into four (4) units of at least one thousand five hundred (1,500) square feet each. The total cost of this project including the build out for the building is estimated to be between two hundred fifty thousand dollars ($250,000.00) and two hundred seventy -five thousand dollars ($275,000.00). It is estimated that this project will create between twelve (12) and twenty -five (25) new jobs representing a new annual -11- REGULAR MEETING OCTOBER 14, 2002 payroll of between one hundred sixty - five - thousand dollars ($165,000.00) and three hundred forty thousand dollars ($340,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 77 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF MICHIGAN STREET FROM NAVARRE STREET TO BARTLETT STREET FOR A DISTANCE OF 586 FEET AND A WIDTH OF 14 FEET. BEING A PART OF ROCKSTROH BROTHERS SUBDIVISION IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 October 28, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 78 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE /916 E. WAYNE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 79 -02 FIRST READING ON A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE DIRECT ENFORCEMENT PROCEDURES FOR CERTIFICATE OF APPROPRIATENESS AND MINIMUM MAINTENANCE VIOLATIONS This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 80 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $57,000.00 OF FUNDS RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND -12- REGULAR MEETING OCTOBER 14, 2002 URBAN DEVELOPMENT (HUD) WITHIN HUMAN RIGHTS FUND #258 FOR EDUCATION AND OUTREACH EXPENDITURES 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 October 28, 2002. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BILL NO. 71 -02 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; (SALAH & CYNTHIA HILAL, 52447 PORTAGE ROAD, SOUTH BEND, INDIANA 46628) Councilmember Coleman made a motion to accept the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Coleman made a motion to set this bill for Second Reading and Public Hearing on November 11, 2002 and Third Reading on November 25, 2002. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR CONCERNS OF MR. JOHN SWANSON REGARDING LOITERING Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the Council that they are doing a fine job. However, he noted that they are going to have to figure out something to do with the young men of South Bend because they are totally lost. They congregate around the filling stations in South Bend like it is normal. He believes that they do that because they do not have anywhere to go where they can feel safe and where they can congregate. If the City could figure out a place for them to go, then the police could give them a choice to either go there or get arrested or ticketed. CONCERNS OF MS. TRINA ROBINSON REGARDING POLICE BRUTALITY Ms. Trina Robinson, NAACP, no address given, noted that she comes before the Council at this time with a very serious issue facing the South Bend community. On September 23, 2002, the NAACP met with the Mayor and Chief Fautz regarding accusations of police brutality within the system. They have also held a press conference in which there were two (2) incidents that were reported to them concerning allegations of police brutality. She noted that one of the incidents involved her son who sustained injuries which she outlined. Ms. Robinson stated that she understands that the police are here to serve and protect but when they go to the extreme of assaulting individuals for whatever reason there is a great deal of concern. The NAACP has requested that the Mayor have the Indiana State Police do an -13- REGULAR MEETING OCTOBER 14.2002 internal investigation. She noted that the South Bend Police Department has indicated that they can investigate themselves. The NAACP, however, differs with that opinion. She further noted that they will be in contact with their national leaders to find out what they need to do to insure that someone outside of South Bend conducts an investigation of the South Bend Police Department. They are asking that someone independent of South Bend investigate. If there are no problems with the South Bend Police Department then the citizens of South Bend need to be made aware of it by someone other than the South Bend Police Department. Ms. Robinson informed the Council that she is present today to make these comments and pleas to the Council to encourage the Mayor to do what is necessary to insure the safety of the residents of South Bend and to let them know that if there aren't any wrongdoings within the South Bend Police Department then those allegations are false but that they have been investigated by someone other than their own. CONCERNS OF MR. THOMAS BUSH REGARDING POLICE BRUTALITY Mr. Thomas Bush, NAACP, Legal Regress Chair, no address given, informed the Council that he appeared before them a couple of months ago and brought accusations that had been made against the South Bend Police Department to their attention but has never had the opportunity to discuss them with the Council. He noted that a majority of the brutality is happening in the Second District and stated that the Second District Councilmember and the At Large Councilmembers should be looking at this matter. The NAACP has asked the Mayor to bring in the State Police to investigate but the Mayor and Chief Fautz feel that the South Bend Police can do it themselves. Mr. Bush stated that there is no way the South Bend Police can investigate themselves. He noted that some of the accusations go back to 1998 and the Mayor has been aware of them. He further noted that he believes the Council should take an interest in what is going on and look at this matter. ADJOURNMENT There being no further business to come before the Council; President Kelly adjourned the meeting at 7:40 p.m. ATTEST: i 4Cityerk Loretta J. d -14- ATTEST: A Roland Kelly, President i