Loading...
HomeMy WebLinkAbout10-08-01 Council Meeting MinutesREGULAR MEETING OCTOBER 8, 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, October 8, 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 Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1St District Vice - President 2 "d District President 3rd District 4th District 5th District 6 t District Chairperson, Committee of the Whole At -Large At -Large At -Large 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 24, 2001 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the September 24, 2001 meeting of the Council be accepted and placed on file. 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 7:02 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 Ujdak presiding. BILL NO. 59 -01 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE, 17,000 BLOCK OF DOUGLAS ROAD, SOUTH BEND, INDIANA, PHASE II -1- REGULAR MEETING OCTOBER 8, 2001 Councilmember Coleman made a motion to accept the substitute version of this bill as submitted. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember King made a motion that this bill be continued until November 12, 2001 with third reading to be held on November 26, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 56 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DRIVE AND PRAST BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Ujdak advised that the petitioner has requested that this bill be withdrawn. Therefore, Councilmember Coleman made a motion to strike this bill from the agenda at this time. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 84 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 110 SOUTH HILL STREET, 109 SOUTH ST. LOUIS STREET AND 616 EAST WASHINGTON STREET ALL IN THE CITY OF 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. 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 "C" Commercial, `B" Height and Area and "PHC" Professional/Health Care to "A -3" Mixed Use Multifamily Residential and Commercial, "G" Height and Area to allow professional office uses including laboratory testing. The property currently contains professional offices and laboratory testing. Located to the north are single - family homes and a duplex zoned `B" Residential, `B" Height and Area and a commercial business zoned "C" commercial; to the east across St. Louis Avenue are single - family homes and an office zoned `B" Residential, `B" Height and Area; to the south are single - family homes and a storage building zoned "C" Commercial, "E" Height and Area; and to the west is a parking lot zoned "A -3" Mixed Use, "G" Height and Area. Access to the site will be from Washington Street, St. Louis Avenue and South Hill Street. Water and sewer are available to the site. The drainage has been addressed by the petitioner. Mr. Myers further advised that the total site to be rezoned is 1.14 acres. Of that, the buildings will occupy sixty -seven per cent (67 %) of the site, the parking and drives will occupy twenty -three per cent (23 %) 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. The City Engineer requires that the final site plan show a solution to access issues. The Area Plan Commission, at its Public Hearing held on September 18, 2001, sent this petition to the Council with a favorable recommendation, subject to a final site development plan. The proposed use would be an expansion of an existing office and laboratory facility and would be in keeping with the development for the East Bank Area. It is the Area Plan Commission's opinion that "A -3" Mixed Use zoning is appropriate for this site. -2- REGULAR MEETING OCTOBER 8, 2001 Mr. Michael J. Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, stated that he represents the petitioner, Environmental Health Laboratories. He noted that Environmental Health Laboratories presently has an existing building that contains approximately thirteen thousand (13,000) square feet in a one (1) story structure. They would like to add onto the east of that existing building toward St. Louis Avenue. There are two (2) existing structures to the east of their building, one at 616 East Washington and the other at 109 South St. Louis. Both of these will be removed. The addition is going to contain approximately sixty -six thousand (66,000) new square feet for a total of about seventy -nine thousand square feet (79,000) for the facility. This will add more office space and laboratory space which is needed. Access to the site will be off of Washington and St. Louis Street. There will be a parking lot on the east side of the building with additional parking available on the west side of Hill Street thereby meeting all City parking requirements. Mr. Danch noted that the petitioner has been working with Mr. Carl Littrell of the Engineering Department concerning access to the site for the truck dock area. He noted that this site has also received variances from the Board of Zoning Appeals to have only one (1) truck dock instead of the two (2) that are required by ordinance. The petitioner was also allowed flexibility in the screening requirements as this area is zoned "C" Commercial at their south boundary line. However, extensive screening will be provided for the proposed parking lot along St. Louis and Washington Streets. This site will also hook up to water and sewer and drainage will be handled by dry wells located on the site unless there is a storm sewer available to tie into. 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 nine (9) ayes. BILL NO. 93 -01 PUBLIC HEARING 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 AMEND CERTAIN PROVISIONS OF THE EXISTING PROPERTY MAINTENANCE CODE AND TO PROVIDE FOR DIRECTION FROM THE BOARD OF PUBLIC WORKS Councilmember Ujdak noted that it is being requested that this bill be continued until October 22, 2001. Therefore, Councilmember Coleman made a motion to continue this bill until the October 22, 2001 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75 -01 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 2002 Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Loretta J. Duda, City Clerk, Room 455, County -City Building, South Bend, Indiana, made the -3- REGULAR MEETING presentation for this bill. OCTOBER 8, 2001 Ms. Duda advised that this bill establishes the annual compensation for the Mayor and City Clerk for 2002. The annual compensation for the Mayor is established at eighty thousand eight hundred sixty -two thousand dollars ($80,862.00) and the annual compensation of the City Clerk for 2002 is established at forty -three thousand eight hundred and four dollars ($43,804.00). This reflects a four per cent (4 %) increase which is the same as that given to the non - bargaining employees of the City of South Bend. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full CounciKCouncilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. `\ ATTEST: Andr&w__Wak, Chai erson Committee of the Wh le REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:10 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9271 -01 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; NORTH OLIVE 2,52680 AND 52720 NORTH OLIVE ROAD This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9272 -01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 110 SOUTH HILL STREET, 109 SOUTH ST. LOUIS STREET AND 616 EAST WASHINGTON STREET ALL IN THE CITY OF SOUTH BEND, INDIANA FA J 1 REGULAR MEETING OCTOBER 8, 2001 This bill had third reading. Councilmember Kelly 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. 9273 -01 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 2002 This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: BILL NO. 01 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1112 E. CORBY STREET, SOUTH BEND, INDIANA Councilmember King made a motion to continue this bill until the January 14, 2002 meeting of the Council at the request of the petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3038 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1212 S. IRONWOOD DR., SOUTH BEND, IN WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and the Common Council must take action within thirty (3 0) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1212 S. Ironwood Drive, South Bend, IN 46615, in order to permit Special Exception for transitional parking in A Residential and B Residential zoned properties next to C Commercial zoned property. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a -5- REGULAR MEETING OCTOBER 8, 2001 copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after it's adopted by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Don Fozo, Building Commissioner, St. Joseph County and City of South Bend, 125 South Lafayette Boulevard, South Bend, Indiana, provided the report from the Board of Zoning Appeals. Mr. Fozo advised that the Board of Zoning Appeals heard this petition at its September 20t1i meeting and sends it to the Council with a favorable recommendation. This site is commonly known as the Oaken Bucket and is located at the corner of Ironwood and Pleasant. This petition brings the property, as it currently exists; in conformance with the zoning ordinance. Mr. Fozo noted that it is believed that years ago when this facility was built they went through the proper procedures at that time. However, because some records were purged at the Building Department there was no way of actually finding out what was done at that time. In order for the property to change hands it was felt that the best way to handle this was to take it through the proper channels today. Mr. Robert Richardson, 5030 West Washington Street, South Bend, Indiana, noted that he has been retained by Ms. Fay Williams who is the owner /operator of the Oaken Bucket to present this request for a special exception for parking on residential zoned land. He noted that this facility was built twenty -five (25) years ago. Ms. Williams has been approached to sell the property and during the appraisal process, the appraisers could not find any records of variances and exceptions for this property. Mr. Richardson noted that Ms. Williams has also applied to the Board of Zoning Appeals for certain variances and those were granted. This special exception is for the granting of transitional parking on the residential properties which are adjacent to and part of the parking lot as it now exists. 10 1 1 1 REGULAR MEETING OCTOBER 8, 2001 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 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. 3039 -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 918 SOUTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR CHARLES, JR. AND TRACIE, AND CHARLES, SR. AND FAYE FULMER (D.B.A. MIAMI AUTO GLASS) 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 918 S. Michigan Street, South Bend, Indiana, and which is more particularly described as follows: Northeast Quarter of Section 13, Township 37 North, Range 2 East, Baker's 11t Addition and which has Key Numbers 18- 7001 -0022 and 18- 7001 -0023, 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 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 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. sea.' 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; -7- REGULAR MEETING OCTOBER 8, 2001 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality 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 /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Charles Fulmer, Jr., 1430 Mishawaka Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Fulmer noted that Charles Jr., Tracie, Charles, Sr., and Faye Fulmer are the owners and operators of Miami Auto Glass. This business provides full line glass replacement primarily for automobiles and services the general public, insurance companies, auto dealerships and body shops. 1 REGULAR MEETING OCTOBER 8, 2001 The company is presently located at 1430 Mishawaka Avenue. The Fulmer's have entered into an agreement to purchase a vacant lot at the corner of Michigan and Ohio Streets to relocate the business. Their plans call for the construction of a new twenty four hundred (2,400) square foot facility which will provide them with more working room, storage space and parking. The total cost of the project is estimated at one hundred fifty thousand dollars ($150,000.00). 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 Kelly 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 nine (9) ayes. RESOLUTION NO. 3040 -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 2631 WEST JEFFERSON BOULEVARD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CHICAGO BUILDING SERVICES, INC. WHEREAS, a Statement ofBenefits and apetition forresidential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2631 West Jefferson Boulevard, South Bend, Indiana, and which is more particularly described as follows: Lot 771 & E %2 Vac Alley W & S %2 Vac Alley N & Adj Summit P13rd Add and this property has Key Number 18- 4032 -1146, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., 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 sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: m REGULAR MEETING OCTOBER 8, 2001 A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 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. -10- I f'. 1 REGULAR MEETING OCTOBER 8, 2001 SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Melvin Reed, 131 South Taylor Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Reed stated that the petitioner is planning on building a twelve hundred (1,200) square foot house at this location. The house will be one (1) story with three (3) bedrooms, two (2) baths, dining room, great area and single stall garage with a full basement. Mr. Reed noted that they are proud to be building in this neighborhood and hope it is a trend. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 94 -01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF SOUTH BEND AVENUE FROM THE EAST RIGHT OF WAY OF NOTRE -11- REGULAR MEETING OCTOBER 8, 2001 DAME AVENUE TO 20 FEET WEST OF THE FIRST NORTH/SOUTH ALLEY FOR A DISTANCE OF 140.35 FEET AND A WIDTH OF 14 FEET. BEING A PART OF SORIN'S FIRST 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 22, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 95-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $24,800.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on October 22, 2001. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 96 -01 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH /SOUTH ALLEY EAST OF LAFAYETTE BLVD. FROM THE NORTH RIGHT OF WAY LINE OF SAMPLE STREET TO THE SOUTH RIGHT OF WAY LINE OF TUTT STREET FOR A DISTANCE OF 278 FEET MORE OR LESS AND A WIDTH OF 14 FEET. BEING A PART OF THE GARST 1sT 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 22, 2001. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 97-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING ORDINANCE NO. 9241 -01 ADDRESSING TICKET SALE REGULATIONS This bill had first reading. Councilmember White made a motion to refer this bill to the Health and Public Safety Committee and Residential Neighborhood Committee and set it for Public Hearing and Third Reading on October 22, 2001. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 98-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING ORDINANCE NO. 9258 -01 TO APPROPRIATE AN ADDITIONAL $3,736.09 FROM HALL OF FAME OPERATIONS FUND ( #677) AND AN ADDITIONAL $122,802 FROM COLLEGE FOOTBALL -12- 1 1 REGULAR MEETING OCTOBER 8.2001 HALL OF FAME FUND ( #377) TO SATISFY THE CITY'S OBLIGATION TO THE NATIONAL FOOTBALL FOUNDATION This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Parks, Recreation, Cultural Arts and Entertainment Committee and set it for Public Hearing and Third Reading on October 22, 2001. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 99-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE TO SPECIFICALLY DESIGNATE THE PENALTY FOR VIOLATIONS OF SECTION 20 -67 AND TO CLARIFY SECTION 20 -67(b) 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 October 22, 2001. Councilmember Coleman seconded the motion which carried by a voice vote ofnine (9) ayes. BILL NO. 100 -01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE SCHEDULING OF LICENSE RENEWALS AND FOR THE LICENSING OF RUBBISH AND GARBAGE REMOVAL VEHICLES 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 October 22, 2001. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. James T. Brien, 315 Ostemo Place, South Bend, Indiana, read a prepared statement and submitted the statement, in writing, to the Council. The statement asked what the Council is prepared to do about the parity between the fire pension base in 2004 and the police pension base in 2005. This difference will be in excess of three thousand two hundred dollars ($3,200.00). Also, is the Council prepared to do anything in regard to Fire Department off duty training. This matter refers to the contract with Local #362 in Article 6, entitled "Compensation ", Section C, Page 16. Mr. Brien also submitted a copy of a letter from their former Vice President to the City administration dated about one and one -half (1 %2) years ago to which they have never had a response. Also submitted was a training memo citing what they have never had defined as far as off duty training. President Pfeifer asked Mr. Brien if he would like a response from the Council and he stated that he would. President Pfeifer stated that this request would be submitted to the Council -13- REGULAR MEETING OCTOBER 8, 2001 Health and Pubic Safety Committee and they will respond to him, in writing, within the next two (2) weeks. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:31 p.m. -14- ATTEST: Charlotte Pfeifer, Are hdent 1 1