Loading...
HomeMy WebLinkAbout01-22-01 Council Meeting MinutesREGULAR MEETING JANUARY 22, 2001 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, January 22, 2001, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski 1st District Charlotte Pfeifer 2nd District Roland Kelly 3rd District David Varner 5`h District Andrew Ujdak 6"' District Sean Coleman At -Large Al "Buddy" Kirsits At -Large Karen L. White At -Large Absent: Karl King 4t'' District Vice - President President Chairperson, Committee of the Whole REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 8, 2001 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the January 8, 2001 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS: ANNOUNCEMENT CONCERNING BILL NO. 6-01 - VACATION OF A PORTION OF GREENLAWN AVENUE Council President Pfeifer announced that Bill No. 6 -01 will be continued until the February 26, 2001 meeting of the Council at the request of the petitioner. ANNOUNCEMENT CONCERNING BILL NO.01 -6 - INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES Council President Pfeifer announced that Bill No. 01 -6 will be continued until the February 12, 2001 meeting of the Council. MOTION FOR FIVE (5) MINUTE RECESS FOLLOWING MAYOR'S STATE OF THE CITY ADDRESS Councilmember Aranowski made a motion that the Council take a five (5) minute recess following the Mayor's State of the City address. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. MOTION TO GO FORWARD WITH THE MEETING AND PROCEED WITH THE STATE OF THE CITY ADDRESS Councilmember Coleman made a motion to proceed with the meeting and go forward with the Mayor's State of the City address. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. MAYOR'S STATE OF THE CITY ADDRESS At 7:10 p.m. Mayor Stephen J. Luecke presented to the Council the annual State of the City address which ended at 7:55 p.m. REGULAR MEETING JANUARY 22, 2001 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 8:10 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. RESOLUTION NO. 2964-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN WARREN TOWNSHIP (BW BUSINESS PARK ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance and a petition by the sole (100 %) property owner which proposes the annexation of the real estate located in Warren Township, St. Joseph County, Indiana, which is more particularly described in Section I of this Resolution, which Ordinance also proposes a change in zoning from "R" Residential, to "IP" Industrial Park, contingent upon the owner's submission of a final site plan within one (1) year of annexation; and WHEREAS, the territory proposed to be annexed encompasses approximately 4.72 unimproved acres of vacant land, which property is at least 12.1% contiguous to the current City limits, i.e. approximately 50% contiguous, generally located about 1300 feet South of the Indiana Toll Road, West of Olive Road, in Warren Township, Indiana. The proposed annexation territory is part of a larger, previously annexed property under Ordinance Number 9128 -00 (known as the James and Barbara Kidder Annexation), to be developed as an industrial park. As part of the larger annexation, this annexation area will require a basic level of municipal public services of a non - capital nature including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including a sewer collection system, a water distribution system, and a street lighting system; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be 1 1 1 REGULAR MEETING JANUARY 22, 2001 annexed that the real property located in Warren Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF LOT # 1 OF THE PLAT OF "GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS DOCUMENT NO. 0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, WHICH POINT IS S. 00 - 11' -35" W., 1234.38 FT. MORE OR LESS (REC. S. 00 - 11' -18" W., 1233.76 FT. MORE OR LESS) FROM THE EAST QUARTER POST OF SAID SECTION 24; THENCE S. 00 - ll' -35" W. (REC. S. 00 - 11' -18" W.) ALONG SAID WEST LINE, 77.86 FT. MORE OR LESS; THENCE N. 89 - 27-12" W., 1865.95 FT. MORE OR LESS TO THE NORTHEAST OF A PARCEL OF GROUND KNOWN AS TAX IDENTIFICATION NO. 21- 1036 - 059004 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 81- 17' -18" W. ALONG THE NORTH LINE OF SAID PARCEL, 103.20 FT. MORE OR LESS (REC. WEST, 100.00 FT.) TO THE NORTHEAST CORNER OF A PARCEL OF GROUND KNOWN AS TAX IDENTIFICATION NO. 21- 1036 -0590 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 89 - 27' -12" W. ALONG THE NORTH LINE OF SAID PARCEL AND A PARCEL OF GROUND KNOWN AS TAX IDENTIFICATION NO. 21- 1036- 059003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 706.79 FT. MORE OR LESS (REC. WEST 703.00 FT. MORE OR LESS) TO THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 24; THENCE N. 00 - 08' -24" E. ALONG SAID QUARTER LINE, 69.56 FT. MORE OR LESS TO THE SOUTH LINE OF PREVIOUSLY ANNEXED PARCEL OF GROUND DESCRIBED IN CITY OF SOUTH BEND, INDIANA, ORDINANCE NO. 9128 -00; THENCE S. 89 - 19' -02" E. ALONG THE SOUTH LINE OF SAID PARCEL, 2674.91 FT. MORE OR LESS (REC. 2674.83 FT. MORE OR LESS) TO THE WEST LINE OF THE PLAT OF "GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS DOCUMENT NO. 0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND THE POINT OF BEGINNING. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as a sanitary sewer system, a water distribution system, street and road construction , and a street lighting system, within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which fiscal plan provides that no actual or additional improvements or services are required in this annexation area beyond those required by the fiscal plan of the James and Barbara Kidder Area (Ordinance Number 9128 -00), of which this.annexation is a subordinate part. REGULAR MEETING JANUARY 22, 2001 Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member, South Bend Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 12"' Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi informed the Council that this is a voluntary annexation and the Fiscal Plan submitted with the Resolution outlines the level of City services to the annexation area. He noted that the property involved is a narrow strip of land on the entire south side of an annexation area that became effective a month ago and this area is encompassed by the proposed location for Tire Rack in the Blackthorn Industrial area. This is a strip of land that was inadvertently left out during some of the negotiations and sales of that property and in order to make it unified property they had to submit a second annexation area. This strip of land is at the back of the lots that are being developed in the proposed park. The new water tower will sit on a piece of this annexation area. He further noted that the Board of Public Works, Board of Public Safety and the Board of Water Commissioners all recommend approval. The Fiscal Plan indicates that there are no costs to the City to provide any services since the services are being provided in the original annexation. A Public Hearing was held on the Resolution at this time. Mr. Dan Akin, Vice President of Engineering, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, informed the Council that he is present on behalf of the Petitioner. He indicated that this action corrects some issues that were overlooked in the original annexation that was passed earlier. He noted that this is a seventy -five (75) foot wide strip of land that is about one thousand three hundred (1,300) feet long and represents about 4.7 acres that is currently vacant farmland. There was no one else present wishing to speak to the Council in favor of this Resolution and there was no one present wishing to speak to the Council in opposition to this Resolution. Therefore, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 8:15 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 Ujdak presiding. BILL NO. 129 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN TOWNSHIP CONTIGUOUS THEREWITH; (BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.) 25,500 BLOCK OF OLD CLEVELAND ROAD, SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. White noted that third reading on this bill REGULAR MEETING will be held on February 26, 2001. JANUARY 22, 2001 Mr. John Byomi, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission concerning the zoning portion of the petition. Mr. Byorni advised that the petitioners are requesting a zone change from "R" Residential, County zoning, to "IP" Industrial Park District to allow industrial uses. The property is currently vacant land. Located to the north and east is vacant land zoned "IP" Industrial Park and to the south and west is farmland and single family homes zoned "R" Residential. Access to the site is from Olive Road through the property to the east. Water and sewer will be provided to the site. The drainage has not been addressed as part of this petition. The total site to be rezoned is 4.72 acres. There are no public wells, flood hazards, wetland or environmental hazard areas present. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on January 16, 2001 sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed rezoning would be an extension of the recently annexed property to the north which was not included in the original annexation. Mr. Dan Akin, Vice President of Engineering, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, informed the Council that he is present on behalf of the owners of the property. The property in question is a small strip of ground that was omitted in the original annexation that was previously approved. The bill addresses the rezoning of the property as well. Mr. Akin noted that this property is going to be used for the same purposes as the adjacent property. 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 that this bill go forward favorably with third reading to be held on February 26, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 99 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 10 FOOT WIDE ALLEY LYING NORTH OF, AND ADJACENT TO LOT 1, THE 10 FOOT WIDE ALLEY LYING SOUTH OF, AND ADJACENT TO LOT 47 AND THE 12 FOOT WIDE ALLEY LYING EAST OF, AND ADJACENT TO LOTS 1 THROUGH 5 INCLUSIVE ALL WITHIN AND A PART OF HARTMAN AND MILLER'S PLAT IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill from the agenda. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 6 -01 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF GREENLAWN AVENUE FROM THE NORTH RIGHT OF WAY LINE OF MISHAWAKA AVENUE TO THE SOUTH RIGHT OF WAY LINE OF WALL STREET FOR A DISTANCE OF 561.5 FEET, MORE OR LESS, BEING A PART OF WHITCOMB & KELLER' S 6TH SUNNYMEDE ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion that this bill be continued until the February 26, 2001 REGULAR MEETING JANUARY 22.2001 meeting of the Council at the request of the petitioner. Councilinember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 2 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2001 (GOODWILL INDUSTRIES OF MICHIANA, INC. PROJECT)," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmenmber Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Kenneth P. Fedder, Attorney at Law, Allen, Fedder, Herendeen & Kowals, 205 West Jefferson Boulevard, Suite 606, South Bend, Indiana, made the presentation for this bill. Mr. Fedder noted that on January 19, 2001 the Economic Development Commission passed a Resolution which he has submitted to the City Clerk. This bill is the final stage of the actual funding of the project for Goodwill. The project entails the construction of two (2) new facilities and will provide an excellent opportunity for Goodwill to improve their efforts to serve the disadvantaged and the disabled in the community. Mr. Fedder noted that Goodwill is a not for profit corporation and these bonds will be sold on a tax exempt basis with no liability on behalf of the Commission, the Council or the issuer. He noted that these bonds are not general obligation bonds of the City. 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. 5 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A LOAN FROM THE ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT AND TO LOAN THE PROCEEDS THEREOF TO THE ROBERT BOSCH CORPORATION Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Bob Case, Economic Development Specialist, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Case indicated that this bill authorizes the submission of an application to the Indiana Development Finance Authority for a $1.3 million dollar environmental remediation revolving loan to the Bosch Corporation. REGULAR MEETING JANUARY 22, 2001 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: orett da, ity Clerk dre ' ak, qhqrperson Committee of thk Whole 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 8:25 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. BILLS - THIRD READING: ORDINANCE NO. 9191-01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF ITS "VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2001 (GOODWILL INDUSTRIES OF MICHIANA, INC. PROJECT)," IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9192 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR A LOAN FROM THE ENVIRONMENTAL REMEDIATION REVOLVING LOAN FUND ADMINISTERED BY THE INDIANA DEVELOPMENT FINANCE AUTHORITY RELATING TO THE ROBERT BOSCH CORPORATION RETENTION PROJECT AND TO LOAN THE PROCEEDS THEREOF TO THE ROBERT BOSCH CORPORATION This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. REGULAR MEETING RESOLUTIONS: JANUARY 22, 2001 BILL 01 -6 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT FOR FIRE PROTECTION SERVICES Councilmember Coleman made a motion to continue this bill until the February 12, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 01 -7 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 5017 AND 5033 OAK PLACE; 303, 317, 322, 345, 359, 402, 407, 423, 457, 475, 503 AND 515 EVERGREEN PLACE; 4901, 4911, 4952, 4955, 5011, 5012, 5023, AND 5030 MAPLE LANE; 4953, 5015, 5033, AND 5036 PINE PLACE; 449, 454, 463, 466, 478, 482, 502, AND 505 BIRCH BEND DRIVE; 4903 AND 4915 PALM PLACE; 370, 404, 456, 468, AND 480 ANJYLLA; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA EAST; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA WEST; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, AND 5042 ELM STREET; 4926, 4936, 5005, 5010, 5021, 5022, 5038, AND 5041 WALNUT RUN AS A RESIDENTIALLY DISTRESSED AREA FORPURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MADCO RESIDENTIAL, LP 2 Councilmember Kelly advised that the Community and Economic Development Committee met this afternoon on this bill and sends it to the full Council with no recommendation. Councilmember Ujdak stated that he chaired the Community and Economic Development Committee this afternoon and the reason this bill comes with no recommendation is because there was some question due to the fact that these properties were going to be rented and not technically owner occupied. There was a question whether they would legally qualify for tax abatement because the law is specific to owner occupied and the Council has not been able to obtain clarification on this matter. Council Attorney Kathleen Cekanski - Farrand suggested that the Council go forward with the Public Hearing as the petitioner is present. As a point of order, Councilmember Coleman stated that the petitioner would have to request that this bill be continued. Council Attorney Cekanski- Farrand stated that these types of Resolutions do not have a mandatory requirement for action within thirty (30) days and that the Council can make that determination. Mr. Stan Foster, 6881 Fieldstone Drive, Burr Ridge, Illinois, asked that the Council pass this Resolution. He stated that he proposes to build seventy (70) single family detached homes. They are attached because he is attempting to secure some affordable housing tax credits through the Indiana Housing Finance Agency. The tax credits are awarded annually on a point basis and one of the ways that points are given is if after the mandatory required holding period the units are made available for the tenants to purchase and they have to be single family detached houses to do that. He stated that he could have taken a different approach and made them town homes which would have attached them but he could not have allowed them to be purchased and he would not have received the points. Mr. Foster stated that it was his choice to make them owner occupied. 1 1 1 REGULAR MEETING JANUARY 22, 2001 Mr. Foster noted that he has been discussing this matter with Mr. Mike Beitzinger of the Department of Economic Development to determine what kind of tax abatement is appropriate and this type of abatement was filed at Mr. Beitzinger's suggestion. Councilmember Coleman asked Mr. Foster to elaborate on the lease purchase contract that he would enter into with tenants and whether it is a tenants contract or if there is a lease purchase provision built into the contract. Mr. Foster replied that that is one of the things that has to be worked out. He noted that the Indiana Housing Finance Agency indicated that the contract needs to comply with IRS Rule #99 or #99 -46. The purchase price, the terms and those kinds of things will be worked out and he noted that he envisions that whatever first time home buyer program the State of Indiana has at that time will dovetail into that. Council Attorney Cekanski- Farrand suggested that the public portion not continue at this time. Therefore, Councilmember Coleman made a motion to continue this Resolution until the February 12, 2001 meeting of the Council and refer it back to the Community and Economic Development Committee. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 2965 -01 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 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 GARDEN TERRACE; 915, 920, 926, 934, 942,950, 955, 958, 965, 966, 974, 975, 985, 986, 1008, 1038, TEALWOOD LANE; AND 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, AND 5675 PLACE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GARDEN PLACE LLC 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 5570, 5575, 5580, 5585, 5614, 5626, 5627, 5637, 5644, 5657, 5668 Garden Terrace; 915, 920, 926, 934, 942, 950, 955, 958, 965, 966, 974, 975, 985, 986,1008,1038, Tealwood Lane; and 5582, 5572, 5573, 5583, 5612, 5622, 5625, 5635, 5642, 5645, 5655, and 5675 Place Drive, South Bend, Indiana, and which is more particularly described as follows: Address 5575 Garden Terrace 5585 Garden Terrace 5627 Garden Terrace 5637 Garden Terrace 5657 Garden Terrace 915 Tealwood Lane 5570 Garden Terrace 5580 Garden Terrace 5614 Garden Terrace 5626 Garden Terrace 5644 Garden Terrace 5668 Garden Terrace 920 Tealwood Lane 926 Tealwood Lane 934 Tealwood Lane 942 Tealwood Lane Legal Description Key No. Lot 1 Garden Place 01- 1018 - 0383,10 Lot 2 Garden Place 01- 1018 - 0383,11 Lot 3 Garden Place 01- 1018 - 0383,12 Lot 4 Garden Place 01- 1018 - 0383,13 Lot 5 Garden Place 01- 1018 - 0383,14 Lot 6 Garden Place 01 -1018- 0383,15 Lot 7 Garden Place 01 -1018- 0383,16 Lot 8 Garden Place 01- 1018 - 0383,17 Lot 9 Garden Place 01- 1018 - 0383,18 Lot 10 Garden Place 01 -1018- 0383,19 Lot 11 Garden Place 01- 1018 - 0383,20 Lot 12 Garden Place 01- 1018 - 0383,21 Lot 13 Garden Place 01- 1018 - 0383,22 Lot 14 Garden Place 01 -1018- 0383,23 Lot 15 Garden Place 01- 1018 - 0383,24 Lot 16 Garden Place 01- 1018 - 0383,25 REGULAR MEETING JANUARY 22, 2001 950 Tealwood Lane Lot 17 Garden Place 01 -1018- 0383.26 958 Tealwood Lane Lot 18 Garden Place 01- 1018 - 0383.27 966 Tealwood Lane Lot 19 Garden Place 01 -1018- 0383.28 974 Tealwood Lane Lot 20 Garden Place 01- 1018 - 0383.29 986 Tealwood Lane Lot 21 Garden Place 01 -1018- 0383.30 1008 Tealwood Lane Lot 22 Garden Place 01- 1018 - 0383.31 1038 Tealwood Lane Lot 23 Garden Place 01- 1018- 0383.32 5675 Place Drive Lot 24 Garden Place 01 -1018- 0383.33 5655 Place Drive Lot 25 Garden Place 01- 1018- 0383.34 5645 Place Drive Lot 26 Garden Place 01- 1018 - 0383.35 5635 Place Drive Lot 27 Garden Place 01 -1018- 0383.36 5625 Place Drive Lot 28 Garden Place 01- 1018 - 0383.37 5583 Place Drive Lot 29 Garden Place 01 -1018- 0383.38 5573 Place Drive Lot 30 Garden Place 01 -1018- 0383.39 5572 Place Drive Lot 31 Garden Place 01 -1018- 0383.40 5582 Place Drive Lot 32 Garden Place 01- 1018 - 0383.41 5612 Place Drive Lot 33 Garden Place 01- 1018 - 0383.42 5622 Place Drive Lot 34 Garden Place 01- 1018 - 0383.43 5642 Place Drive Lot 35 Garden Place 01 -1018- 0383.44 985 Tealwood Lane Lot 36 Garden Place 01- 1018 - 0383.45 975 Tealwood Lane Lot 37 Garden Place 01 -1018- 0383.46 965 Tealwood Lane Lot 38 Garden Place 01 -1018- 0383.47 955 Tealwood Lane Lot 39 Garden Place 01- 1018- 0383.48 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 sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et 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 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 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 REGULAR MEETING JANUARY 22, 2001 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 ofbenefits 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 REGULAR MEETING residentially distressed area. JANUARY 22.2001 SECTION X. This Resolution shall be in full force and effect after April 19, 2001, and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. s /Charlotte Pfeifer Member of the Common Council Councilmember Ujdak advised that the Community and Economic Development Committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Councilmember Ujdak further advised that he would like to disclose that he has a fiduciary relationship with the petitioner but it has been determined by the Council Attorney that he does not have a conflict of interest. Mr. Michael Urbanski, 14299 Day Road, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Urbanski stated that this is a subdivision that was put on paper within the last year due to the fact that Southfield, which is the same type of housing, located on Kern and Miami, filled up with tax abatement very fast. This is the same type of housing in the same end of town. 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 eight (8) ayes. Council Attorney Kathleen Cekanski- Farrand informed the Council that Section X ofthis Resolution indicates that the effective date is after April 19t'. This was a requirement because the property is not officially annexed into the City until that time. BILLS - FIRST READING BILL NO. 7 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8, SECTION 37 OF THE SOUTH BEND MUNICIPAL CODE, TO UPDATE THE PROPERTY MAINTENANCE CODE This bill had first reading. Councilmember Varner made a motion to refer this bill to the Health and Public Safety Committee and set it for Public Hearing and Third Reading on February 12, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 8 -01 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2001 INCLUDING $4,552,560 FROM THE GENERAL FUND, $885,600 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $157,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $7,559,928 FROM THE COUNTY OPTION INCOME TAX FUND, $2,087,928 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $82,450 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL 1 1 REGULAR MEETING JANUARY 22, 2001 FUND, $40,400 FROM THE MORRIS PERFORMING ARTS CENTER CAPITAL FUND, $668,000 FROM THE PARKS AND RECREATION FUND, $286,000 FROM THE PARKS NON - REVERTING CAPITAL FUND, $24,000 FROM THE PARK RECREATION NON - REVERTING FUND, $35,000 FROM THE ETHNIC FESTIVAL FUND, $8,000 FROM THE EAST RACE WATERWAY FUND, $40,000 FROM THE COVELESKI STADIUM CAPITAL FUND, $30,500 FROM THE CITY CEMETERY TRUST FUND, $2,483,000 FROM THE LOCAL ROADS AND STREETS FUND, $70,350 FROM THE PROJECT RELEAF FUND, $50,500 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $91,800 FROM THE SOLID WASTE DEPRECIATION FUND, $3,362,860 FROM THE WATER WORKS DEPRECIATION FUND, AND $5,875,504 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 12, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS: REPORTS FROM AREA PLAN COMMISSION: BILL NO. 129 -00 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 WARREN TOWNSHIP CONTIGUOUS THEREWITH; (BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.) (25,500 BLOCK OF OLD CLEVELAND ROAD, SOUTH BEND, INDIANA 46628) It is noted that the Public Hearing on this bill was held on this date. Councilmember Coleman made a motion to refer the following bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on February 12, 2001. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 132 -00 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS BILL NO. 1 -01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ZONING, ARTICLE 12, FLOOD PLAIN REGULATIONS IN ORDER TO ADOPT THE MOST RECENT FEDERAL AND STATE REQUIREMENTS NEW BUSINESS There was no new business to come before the Council at this time. REGULAR MEETING JANUARY 22, 2001 PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:40 p.m. ATTEST: • - .6A'4da,AtyTIerk ATTEST: Q ^ Charlotte Pfeifer, Presi nt J f�