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HomeMy WebLinkAbout08-28-00 Council Meeting MinutesREGULAR MEETING AUGUST 28, 2000 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, August 28, 2000, 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 Ujdak Sean Coleman Al "Buddy" Kirsits Karen L. White Absent: None 1" District Vice - President 2nd District President 3rd District 4t'' District 5t'' District 6`'' 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 August 14, 2000 and August 17, 2000 meetings 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 August 14, 2000 and August 17, 2000 meetings of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS: RESOLUTION NO. 2915-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE SUBMISSION OF THE CITY'S APPLICATION FOR AN INDIANA BROWNFIELD ASSESSMENT GRANT WHEREAS, the City of South Bend has determined that it should continue to be pro- active in attracting and maintaining new and current businesses which provide job opportunities; and WHEREAS, the Indiana Development Finance Authority provides grants to Indiana local governments for the assessment of environmentally contaminated properties; and WHEREAS, it has been determined that a unified administrative /legislative effort would be in the City's best interests when applying for Brownfield Assessment. Grants; and WHEREAS, the property located at 1408 Elwood Avenue located in the First Councilmanic District, Portage Township was formerly owned by Drewry's Limited USA, Inc. and G. Heileman Brewing Company of Indiana and is now owned by Charles Derr; and WHEREAS, the former Drewry brewing property should be designated as a priority for identification and remediation of possible adverse environmental factors, so that it can be used for future development and once again provide quality employment opportunities. REGULAR MEETING AUGUST 28, 2000 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council of the City of South Bend, Indiana,. supports the Mayor's application for a Brownfield Grant for $41,885 submitted to the Indiana evelopment Finance Authority to fund Phase I and Phase II Environmental Assessment costs and related testing at the former brewing facility at 1408 Elwood Avenue in South Bend, Indiana. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /Al "Buddy" Kirsits, At Large s/Karen L. White, At Large ATTEST: s /Loretta J. Duda, City Clerk .s/Kathleen Cekanski - Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Aranowski, First District Councilman and Chairman of the Portage Avenue Steering Committee read the Resolution in its entirety. Councilmember Aranowski noted that this is a vacant building on the northwest side of the City and this action works into the plan for the corridor which is to help with environmental work at the site so that a future developer or investor will be able to move into this building. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Bruce Carter, Environmental Consultant, 733 Princeton Avenue, Elkhart, Indiana, informed the Council that he is in favor of this Resolution as it will enhance the application before the Indiana Development Finance Authority showing public and Council support for the application for the funds needed to conduct the environmental investigation at the former Drewry's site. They are trying to clear the property for transfer to a prospective developer. There being no one else present wishing to speak to the Council either in favor of this Resolution or in opposition to this bill, Councilmember Coleman made a motion to adopt this bill. Councilmember Varner seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7: l Op.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Uj dak presiding. REGULAR MEETING AUGUST 28, 2000 BILL NO. 47-00 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, CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; SYLVIA R. HOUSER REVOCABLE TRUST Councilmember Coleman made a motion to continue this bill until the October 9, 2000 meeting of - the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 64 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH /SOUTH ALLEY EAST OF MICHIGAN STREET FROM THE NORTH RIGHT -OF -WAY LINE OF BROADWAY STREET TO THE SOUTH RIGHT -OF- WAY LINE OF THE FIRST EAST /WEST ALLEY NORTH OF BROADWAY STREET FOR A DISTANCE OF 156 FEET AND A WIDTH OF 14 FEET, LOCATED IN HANEY'S ADDITION RECORDED IN PLAT BOOK 6, PAGE 13 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Coleman made a motion to continue this bill until the September 25, 2000 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 70 -00 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF GROUND COMMENCING ONE HUNDRED FIFTY (150) FEET NORTH OF THE SOUTHWEST CORNER OF LOT 165 AS SHOWN ON THE RECORDED PLAT OF MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS A POINT OF BEGINNING, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 165, A DISTANCE OF TWENTY -FOUR (24) FEET, THENCE EAST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET, THENCE SOUTH ALONG THE EAST LINE OF LOT 165 TWENTY -FOUR FEET (24), THENCE WEST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET TO THE PLACE OF BEGINNING 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. Travis R. Saunier, GPD Associates, 520 South Main Street, Akron, Ohio, representing Tricon Global Restaurants for the redevelopment of the Taco Bell Project, made the presentation for this vacation. Mr. Saunier stated that when they submitted a site plan to redevelop the Taco Bell at 231 East Ireland Road the issue of this Easement was questioned by the City Engineer who recommended that they petition to have that Easement vacated. This is an Access Easement that was put in place some years ago and at this time Taco Bell has no use for the Easement. The vacation will not hinder the development of the properties on either side and therefore, they would like to vacate the Easement. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. REGULAR MEETING AUGUST 28, 2000 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly 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. 52 -00 A BILL RB- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 108 NORTH MAIN STREET, COMMONLY KNOWN AS THE JMS BUILDING, AND RESCINDING ORDINANCE NO. 8915 -98 Councilmember Coleman made a motion to continue this bill until the October 9, 2000 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 3020 BUCKINGHAM, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the November 13, 2000 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO EXTEND REGULATION OF PARKING TO MUNICIPALLY OWNED PARKING PLACES Council President Pfeifer made a motion that the Council consider the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Michael Giulioni, Economic Development Specialist, Division of Economic Development, Department of Community and Economic Development, 1200 County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Giulioni advised that last year they began the process of replacing outdated access control equipment in the three (3) City owned garages. While working with the downtown partnership it was decided that portions of the garages would be `designated for two (2) hour free parking. They then became aware that they would need to enable the parking enforcement officers to police this new privilege. The ordinance submitted will enable the City or their authorized agents to enforce the two (2) hour free parking in any municipally owned parking facility. 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. REGULAR MEETING AUGUST 28, 2000 BILL NO. 28 -00 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Councilmember King made a motion to consider the substitute version of this bill as amended. Councilmember Varner seconded the motion which carried. Mayor Stephen Luecke addressed the Council and thanked them for the thorough study they have given to this issue. He noted that the City has invested many dollars in the southeast side and the South Gateway Corridor leading into the City. This was an effort to remove blighting influences and to make improvements to that corridor and to the surrounding neighborhood. The ordinance before the Council tonight is a tool that will help the City be successful in attracting new investment to this area and to prevent the negative secondary effects of sexually oriented businesses. The ordinance will minimize the secondary effects of adult businesses which are currently located on south Main and Michigan Streets. The secondary effects include increased crime, decreased property values and blighting effects. The ordinance will restrict the hours of operation between the hours of 10:00 p.m. and 7:00 a.m. as well to restrict adult business activity at the sites between those hours. It will require that doors on viewing booths be removed, it will prohibit contact between entertainers and patrons as well as no direct tipping. Mayor Luecke stated that he is in full support of this ordinance. He did note, however, that there are many opinions about the legality of the ordinance but the City is prepared to enforce and defend the ordinance. South Bend Chief of Police Larry Bennett, 1740 Winston Drive, South Bend, Indiana, indicated that he is in support of this ordinance. The Community Oriented Policing is in a partnership with the community and with the neighborhoods. This ordinance reflects the quality of life which is also what COP is about. The harmful secondary negative effects also effect the quality of life in the neighborhoods and the quality of life in the neighborhoods is paramount. He noted that the people have asked for a change and he agrees with that change. Mr. John Broden, City Attorney, 726 Beale Street, South Bend, Indiana, noted that in researching this ordinance, and in working with the Citizens for Community Values, business owners and residents, they have had the opportunity to research hundreds of ordinances and state statutes regulating adult businesses. It is clear from the research that no state legislature and no City Council, Town Council or County Council has been as thorough and as dedicated as this Common Council which is a tribute to Chairman, Andy Uj dak and all the Councilmembers who have attended meetings and provided input. The bill tonight is a better bill than the one the Council started with. He further noted that Citizens for Community Values came to the Mayor approximately eighteen (18) months ago and asked the City to consider changes and amendments that would strengthen the ordinance. Mr. Broden stated that he is happy to echo what the Mayor has said and they believe that these changes to the adult business ordinance will serve as another tool that will enhance the quality of life and reduce the secondary harmful negative effects that stem from adult businesses. He stated that they are anticipating litigation if the Council passes this ordinance and they have a partnership with the National Law Center in Virginia who has extensive knowledge in this area and the City will work with them if there is a challenge. Mr. Broden requested passage of this ordinance. Councilmember Ujdak reported that the Health and Public Safety Committee met on this bill and sends it to the Council with a favorable recommendation. Councilmember Varner noted that the substitute bill and the amendments to this bill were discussed at the Committee meeting this afternoon and the purpose of those amendments was to firm up and make the ordinance more secure and to bring a better ordinance to the table this evening. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Joe Sergio, President, Sergio Corporation, 1919 South Michigan Street, South Bend, Indiana, and President of Citizens for Community Values, informed the Council that he became involved in REGULAR MEETING AUGUST 28.2000 this issue five (5) years ago when the largest adult bookstore in the state opened up down the street from his business. He noted that he has put a lot of money into his business and was disappointed that this type of activity would continue. At that time of group came together to figure out what they could do as citizens to protect themselves and the community. The group represents citizens throughout the community and within the group are two (2) task forces. Mr. Sergio thanked Mayor Luecke for proposing this ordinance. He also thanked John Broden, Councilmember Uj dak and all the Council and asked that they do what is right for the future of the community and keep it from the harm of these businesses and pass this ordinance. Mr. Pat Mangan, Executive Director, Citizens for Community Values, P.O. Box 552, Notre Dame, Indiana, commended the Council for considering the changes made tonight. He noted that whenever you have sexually oriented businesses you have increased crime, decreased property values and increased blight. There are more sexually oriented businesses in the two (2) mile stretch in the South Gateway than in any of the twelve (12) surrounding counties. The Supreme Courts intentions were that the City could address the secondary harmful negative effects through these changes. There are three ways this can be done. They are through time, manner and place restrictions. Place restrictions are done with zoning. The time and manner restrictions such as those specified in this bill have been approved and their constitutionality has already stood up. Mr. Magnum asked members of the CCV who are in support of this ordinance to please stand up and be recognized. He stated that these people have been working for a long time to educate the community. He further stated that the City needs to place reasonable limitations on the porn sex industry to save the community from the negative harmful secondary effects. Mr. David Sherman, P.O. Box 117, Horton, Michigan, informed the Council that he would like to give the Council his prospective on adult entertainment. He stated that no matter what City you are in, the harmful negative secondary effects of adult entertainment impact the City not only in the areas where they are located but all overthe City because the clients have to get home and therefore it affects every part of the community. He further stated that one reason the City needs this ordinance is to detour any new business. In regards to employees of these businesses, being independent contractors there is some question of whether taxes are being paid. Additionally, he has observed that drug addiction is another problem associated with this type of business. Mr. Sherman noted that the 10:00 p.m. closing will protect the community and he fully supports this ordinance. Mr. Dennis Staffelbach, 1512 Hass Drive, South Bend, Indiana, noted that he is an attorney and a founding board member of CCV. Mr. Staffelbach read from a 1991 Supreme Court case regarding adult entertainment and stated that the proposed amendments to the City's ordinance are in line with the Supreme Court position. He stated that these changes are the best way to combat negative secondary effects. Communities have the right to protect themselves and time, place and manner can be regulated. There has been a question of whether the closing provision would be preempted by the state statute. The only case addressing this issue has said that ordinances that regulate the use of real property are not preempted by state law. If it turns out that if this is at all preempted only one line will be affected and the remainder of the ordinance will stay in effect. These businesses have the right to be open but they do not have the right to engage in illegal activities. They are bad neighbors and bad businesses and the City has the right to protect themselves. He encouraged the Council to vote in favor of these amendments. Mr. Mike Hamann, 2658 Tomahawk Trail, South Bend, Indiana, Vice - President of the St. Joseph County Board of Commissioners and founding member of the Citizens for Community Values informed the Council that a year ago the City of Mishawaka passed an ordinance restricting sexual oriented businesses and tonight this Council is on the verge of doing same thing. He pledged that if this ordinance passes, he will do everything he can to encourage the St. Joseph County Council to do the same. Mr. Chris Toth, St. Joseph County Prosecuting Attorney, no address given, told the Council that sex offenses and increases in sex offenses go hand in hand with sexually oriented businesses. He stated that the Prosecutors office stands behind this ordinance. It will improve the quality of life in our community. He noted that his office has set up an office on South Michigan because they believe it is important to win back that corridor and he asked the Council to do the right thing and pass this legislation. REGULAR MEETING AUGUST 28, 2000 Mr. Donald Cressy, Cressy and Everett Realtors, 332 North Ironwood, South Bend, Indiana, informed the Council that he has been a long time resident of the community and he wants the it to be a good place to raise a family. He noted that he is the past chair of Project Future and the mission of Project Future is to recruit new businesses to the community. In order to be successful they are always competing with other cities and states. They strive to improve the quality of life and this ordinance is a step in the right direction. He stated that some people think this ordinance will not stand up in court and some believe the City will stand up to that challenge. No one can guarantee if the ordinance will stand up to that challenge but it will make a difference in the quality of life in this community. Mr. Sam Walsh, 23285 U.S. 12, Edwardsburg, Michigan, owner of a business located in Scottsdale Mall, South Bend, Indiana, noted that he is the Chairman of the Health and Public Safety Committee of Citizens for Community Values. Mr. Walsh stated that he is a former police office and he gave his perspective as a police officer of some of the things that have happened that he witnessed on South Michigan Street. He noted that when the strip clubs opened up there was an increase in calls for service. He further noted that sexually oriented businesses are a magnet for crime and illegal activities. Roman Catholic Bishop Daniel Jenky, Rector of St. Matthew Cathedral and Pastor of the Cathedral Parish, South Bend, Indiana, indicated that he represents Bishop D'Arcy and every priest who serves in South Bend. Bishop Jenky relayed his recollection of the cleaning up of sexually oriented businesses in Times Square. He stated that South Michigan is not Times Square but it is the neighborhood where he lives and is the main port of entry of individuals coming in from the south and what they see has an impact on everyone who lives here. He noted that there was some testimony to the effect that if the City regulated these types of businesses further it would keep the University of Notre Dame money from coming into South Bend and the south side of our City. As someone who has been close to Notre Dame, he stated that everything the University stands for is against these types of businesses and he knows that the priests and brothers of Holy Cross would rather see the football stadium torn down than to support those businesses. Mr. Jim Frick, no address given, stated that he has been a business owner on South Michigan Street for twenty -four (24) years and is the President of the South Gateway Improvement Association. At their monthly meetings they have voted unanimously in favor of this ordinance, especially the 10:00 p.m. closing time and they have support from all the other neighborhood business associations. They are confident this ordinance will be passed as it is critical to the revitalization of South Michigan Street and it is the right thing to do. Rev. Michael Veldner, 1133 North Adams Street, South Bend, Indiana, stated that he is associated with the New Life Deliverance Center on South Michigan Street. Rev. Veldner stated that strip joints are known as jobs. He stated that in a society that views dancing in strip joints as harmless and pornography as harmless and nothing more than adult pleasure, there are victims. The real victims are the women because they are being used, the children because they are not being protected and the men because they are being trapped in it. He stated that our society is infected with the disease of pornography. Rev. Veldner cited statistics regarding the profits made from the industry as well as the statistics on crime and pornography. He urged the Council to do something right and pass this ordinance. Mr. Jerry Ivacic, 2239 Topswood Lane, South Bend, Indiana, with offices at 3019 South Michigan Street, South Bend, Indiana, noted that people have a negative perception of South Michigan Street and he asked the Council to go to the very core of their being to choose what is right for their constituents because this is a community of good people. Brother Ed Cortney, University ofNotre Dame, advised the Council that he has put together an essay which he would like to read. Brother Cortney stated that the patrons of pornography and their supporters maintain that pornography and obscenity are protected by the free speech clause of the First Amendment to the Constitution and is beyond prosecution. Pornography and obscenity has no relation to the Constitution and is simply poor conduct and behavior and this industry will destroy the hearts and minds of thousands. REGULAR MEETING AUGUST 28, 2000 Evangelist Carolyn Banks, CEO of Living Water Ministries, South Bend, Indiana, informed the Council that she attends church on the south side of town and she comes and goes down South Michigan Street. She stated that it is a tramatizing experience for her and to ride though those areas and see what takes place and to be exposed to what is there. She stated that the area needs to be an oasis for the community and the adult businesses should be totally shut down. She noted that the City needs to affect change. A gentleman who did not give his name but stated his address as being 843 Wakarusa stated that he resides in South Bend and that real men love and honor their wives, sisters and daughters. Pornography is in the stores and small children see it. He stated that other nations know that pornography is wrong. Ms. Pamela Netterman- Little, no address given, stated that she is a life time resident of the south side of South Bend and a business owner. Ms. Little asked the Council for an affirmative vote on this ordinance. She stated that in her business she has personally seen a young mother who, to supplement her family income, went to work at one of the adult businesses and she subsequently left her husband and her three (3) young children. She stated that it is heartbreaking to see the impact that these businesses have on our community. Ms. June Kohler, 1430 Bissell, South Bend, Indiana, stated that she is new to the community and one of the first things she learned was to stay away from South Michigan Street unless you are with someone. She noted that the only argument that she has heard in favor of the strip bars is that they provide jobs. Her question is what kind of jobs and what kind of future? The women are being exploited. She asked the Council to please vote against this type of business. Mr. Jay Patrick Davenport, 15668 Winding Brook, Mishawaka, Indiana, advised the Council that he is a student at Trinity, High School and because of his volunteer work has to drive to the Republican Headquarters at least twice a week through this area of town. He stated that this area is a horrible place to go because it is "run down. Because these businesses are run down this is the type of environment they produce as well as crime. He further stated that he does not feel safe in that part of town and because of that he has to speed to get down South Michigan Street quickly. Mr. Davenport asked the Council to vote yes on this ordinance because it will improve the environment of the area and reduce crime. Mr. Mike Edwards, 822 East Irvington, South Bend, Indiana, noted that he has been a resident for a long time on the south side and is a founding member of the Citizens for Community Values. He stated that he has had difficulties going through this district and has friends who have left the neighborhood. He encouraged the Council to be courageous and have some vision and vote yes to this ordinance. There being no one else present wishing to speak in support of this bill, the following are individuals who spoke in opposition to this bill: Mr. Leon Townsend, 525 North Hill Street, South Bend, Indiana, informed the Council that he is not in favor of one position or the other in terms of the strip bar but believes that if someone wants to go there and spend their money they have a right to do so. He further stated that the words community and neighborhood have been used in this issue. He stated that he looked around and doesn't see anyone from that neighborhood. People are not leaving that area because of the strip joints but because of crime. If it is being said that the strip j pints have something to do with the high number of murders that have taken place then he is for closing them down. However, there is no evidence that he has heard that proves that fact. Crime is all over the City. He told the Council that if they are going to vote to close these places down at 10:00 p.m. why don't they just close them down period. He asked the Council what valid reason they had to adopt this ordinance and asked them to have the courage to vote against this ordinance because the quality of life will not change due to the closing of these strip joints. Mr. Donald Tate, 1033 North O'Brien, South Bend, Indiana, informed the Council that he is a multi - property owner and he sees no harm in adult entertainment. He stated that the northwest side of South Bend is worse than the south side. He noted that he moved into his house five (5) years ago I I 1 REGULAR MEETING AUGUST 28, 2000 and has worked to clean up that neighborhood. He stated crime is everywhere and noted that there are twelve (12) homosexual bars in South Bend and the perversion that goes on in these bars being is worse than what goes on in the strip bars. In conclusion, he stated that it will cost the taxpayers a lot of money to pay for defending this ordinance and that money should go to the police and the schools. Mr. Matthew Wilken, 1526 East Calvert Street, South Bend, Indiana, stated that he is present for the people who are afraid to speak because they will be ostracized. Adult businesses are legal businesses and no one is being forced to frequent these places. The real courage is voting against the majority that do not represent the people who are living there. If this is what it will take to make the South Corridor better then let the City work with the business owners. People that want to close them down want to do so because of their moral beliefs but not everyone believes the same thing. Ms. Geannie Freeze, 109 West Eckman Street, South Bend, Indiana, noted that what someone wants to do with their career is up to them. She stated that she works in a strip club as a bartender and has seen more fights in a regular bar than in an adult bar. She noted that she has enough self esteem to work in a place like this. The hours she works enables her to have more time with her children including school activities. Mr. Chris Moore, 2524 Royal Vista Terrace, South Bend, Indiana, noted that he has only lived in the City for a year coming from Indianapolis where there are plenty of strip bars that are all in the same area that the police patrol and keep crime down. He stated that if the City wants to keep crime down they will have to either leave these places where they are or move them to one area but it is not fair to try to shut them down. He further stated that with these restrictions, all the City is trying to do is kill the business. He noted that it doesn't matter what time the bars close because drunk people will do what drunk people do. Everyone there is an adult and no one is forcing them to be there. He stated that they should be left alone as they are not hurting anyone. There was no one else present wishing to speak to the Council in opposition to this bill. In rebuttal, Mayor Luecke noted that some people have stated that if you don't like it don't go there but that is not the point of the ordinance. The point of the ordinance is the secondary effect from those businesses. The City needs to stand for the rights of the neighbors and for the rights of the residents and businesses and the entire community. He encouraged the Council to look at the negative secondary effects of these businesses which include prostitution, decreased property values, the effects of sexual abuse, addiction and speeding. There are neighborhood residents who are very concerned about the secondary negative effects of these businesses. The first step was taken by the City when the Council passed zoning restrictions on sexually oriented businesses. The second step restricted signage and this ordinance amendment is the third step. He asked the Council to act favorably on the ordinance. Councilmember Kelly stated that many individuals have stated that passage of this ordinance is the right thing to do and he believes that it is the right thing to do and he will therefore be in support of this bill. Councilmember Aranowski thanked Councilmember Ujdak and his committee and stated that the City made a commitment to the corridors and that commitment stands. This change is important to the South Michigan Corridor and he will be supporting this ordinance. Councilmember Varner thanked Councilmember Ujdak, the individuals from Citizens for Community Values, all who were present and all who have provided information for the ordinance. Councilmember Varner stated that he has lived in South Bend for approximately twenty (20) years and during that time many things have happened to promote civic pride. He stated that enactment of this ordinance will do more toward building community and civic pride than anything else and this is a step toward rehabilitation of the southeast side and South Michigan corridor. He stated that it is the right thing to do and it may be ten (10) years before the City sees the results but it will happen. He further stated that he intends to support this bill. REGULAR MEETING AUGUST 28, 2000 Councilmember King stated that he is the volunteer co- chairman of the South Bend Downtown Partnership who is working on revitalizing the downtown and what goes on on South Michigan Street has a significant effect on the downtown and the effort to clean up that area will have an effect on the downtown. For that reason alone he is in favor of this bill but also because it is the right thing to do. Councilmember King informed those present that the Council meets on the second and fourth Monday of each month and conducts public business. He noted that not many people attend those meetings even though the things that the Council acts on at these meetings have as much effect on the quality of life in the community as this issue. He encouraged the individuals present to maintain the passion that they have developed for `this issue and share it with other issues and attend the meetings and help the Council make good decisions and do the right thing for the community every time they meet. Councilmember White thanked members of the City administration, the Mayor, Kathleen Cekanski- Farrand, South Gateway Association, the City At and especially Councilmember Ujdak for their efforts. She rioted that the Council has spent a great deal of time in reviewing this issue and has looked at all sides both for and against. She stated that she supports this ordinance because she knows it is the right thing to do. Councilmember Kirsits thanked City Attorney John Broden, the City administration, Mr. Staffelbach, Mr. Sergio, Mr. Frick and Mr. Mangan. He stated that one of the things that has been on his mind is the corruption issue that is connected to this particular industry. He rioted that the people that use these businesses are not stake holders in the community as they come from outside the City. He stated that it is really important that this ordinance be passed. He further stated that some things have been left out of this ordinance 'that other communities have in theirs such as licensing of employees as well as video cameras that document who goes into a book store. He stated that he believes this is a good solid ordinance. Council President Pfeifer noted that she agrees with all that has been said by the Council but wanted to tell everyone present that she agrees with what Councilmember King said that not only should those present tonight be at the Council meetings on the second and fourth Mondays of each month but they also need to get involved with their neighborhood associations and neighborhood partnership centers because they need volunteers. The real work is done everyday in all neighborhoods with a handful of volunteers. President Pfeifer commended Councilmember Ujdak for all his long hours spent on this issue and noted that the Council was not going to jump into something without thorough research and she commends Councilmember Ujdak for that. Councilmember Uj dak noted that this has been a very long process and that the research given to the City from the Citizens for Community Values, the Council attorney and the City's legal department is voluminous. What the Health and Public Safety Committee tried to do was to examine all the issues. The Council's sole purpose was to consider and develop legislation to make sure this was a sound piece of legislation. He noted that some questions may be answered in a Court of law. Councilmember Ujdak further noted that the South Gateway Association, the Citizens for Community Values and the City are all here for the same purpose and that is to help the City, each other and the neighborhoods. He noted that there are problems on all sides of town. What is important is that something constructive has come out of all efforts put forth and that is the bill being considered tonight. Councilmember Ujdak noted that he had a concern regarding the state pre- emption law but is content with the changes that were made in the language with the filing of the substitute bill. If there is an item in the ordinance that is stricken due to state law it probably will only be one line. Councilmember Ujdak stated that he will be supporting the bill this evening and he also encouraged all those present to attend future Council meetings. Councilmember Coleman made a motion that the substitute version of this bill as amended be sent to the full Council favorably. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made motion to rise and report to the full Council following a brief five (5) 1 r REGULAR MEETING AUGUST 28, 2000 minute recess. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: r ATTEST: Andrew Ujdak, Chairperson Committee of the 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 9:10 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS. THIRD READING ORDINANCE NO. 9128-00 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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN WARREN TOWNSHIP CONTIGUOUS THEREWITH; (JAMES & BARBARA KIDDER) 25,500 BLOCK OF OLD CLEVELAND ROAD SOUTH BEND, INDIANA 46628 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9129-00 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 PENN TOWNSHIP CONTIGUOUS THEREWITH; VOCO, INC. PETITION This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9130 -00 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF GROUND COMMENCING ONE HUNDRED FIFTY (150) FEET NORTH OF THE SOUTHWEST CORNER OF LOT 165 AS SHOWN ON THE RECORDED PLAT OF MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, INDIANA, AS A POINT OF BEGINNING, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 165, A DISTANCE OF TWENTY -FOUR (24) FEET, THENCE EAST PARALLEL REGULAR MEETING AUGUST 28, 2000 TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET, THENCE SOUTH ALONG THE EAST LINE OF LOT 165 TWENTY -FOUR FEET (24), THENCE WEST PARALLEL TO THE SOUTH BOUNDARY LINE OF SAID LOT 165 ONE HUNDRED TWENTY -EIGHT AND ELEVEN ONE HUNDREDTHS (128.11) FEET TO THE PLACE OF BEGINNING 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 nine (9) ayes. ORDINANCE NO. 9131 -00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE TO EXTEND REGULATION OF PARKING TO MUNICIPALLY OWNED PARKING PLACES This bill had third reading. Councilmember Varner made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as substituted. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9132 -00 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES This bill had third reading. Councilmember Ujdak made a motion to consider the amended substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to pass this bill as substituted and amended. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2916-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1217 S. WALNUT STREET, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR KOKOKU WIRE INDUSTRIES CORPORATION WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1217 S. Walnut Street, South Bend, Indiana, and which is more particularly described as follows: J REGULAR MEETING AUGUST 28, 2000 A tract of land in the City of South Bend, County of St. Joseph, and State of Indiana, situated in the Northwest Quarter (1/4) of Section Fourteen (14) and the Northeast Quarter (1/4) of Section Fifteen (15), Township Thirty -Seven (37) North, Range Two (2) East, bounded by the following described line: Beginning at a point in the West line of Walnut Street, 1239.70 feet South of the South line of Sample Street, which point is 587.85 feet South of the South line of the Sanders and Egbert Tract, as conveyed by deeds recorded in Deed Record 118, page 428, and Deed Record 121, page 320; thence on an assumed bearing of South 00 degrees 00 minutes 49 seconds East along said West line of Walnut Street 479.91 feet; thence South 89 degrees 54 minutes 12 seconds West, 725.03 feet; thence South 61 degrees 54 minutes 12 seconds West, 42.91 feet; thence South 89 degrees 23 minutes 32 seconds West, 437.13 feet; thence North 00 degrees 00 minutes 49 seconds West parallel with said West line of Walnut Street, 504.26 feet; thence North 89 degrees 55 minutes 05 seconds East, 1200 feet to the place of beginning. Subject to legal highways. Subject to any and all easements, restrictions or rights of way of record. Subject to any and all current; non - delinquent real estate taxes. Subject to a Party Wall Agreement dated June 14, 1974, by and between Aldason Corporation, an Indiana corporation and American Chain & Cable Company, Inc., a New York corporation, recorded June 17, 1974 in the Office of the Recorder of St. Joseph County, Indiana, in Miscellaneous Record 285, pages 77 -80. Subj ect to a Permanent Easement Agreement dated June 14,1974, by and between Aldason Corporation, an Indiana corporation and American Chain & Cable Company, Inc., a New York corporation, recorded June 17, 1974 in the Office of the Recorder of St. Joseph County, Indiana, in Deed Record 787, pages 381 -388. and which has Key Number 18- 8021 - 084503, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified REGULAR MEETING AUGUST 28, 2000 for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.112 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Richard J. Deahl, Barnes & Thornburg, 6001" Source Bank Center, 100 North Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised the Council that Kokoku proposes to invest between four hundred thirty thousand dollars ($430,000.00) to five hundred thirty thousand dollars ($530,000.00) for new equipment that will increase the number of products it can produce and will allow them to produce them more efficiently. This investment will enable them to keep their current number of employees at sixty - two (62) full time and one (1) part -time position with an annual payroll of about $1.8 dollars. 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. Councilmeinber Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2917-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5795 BRICK ROAD TO BEAN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR GWSB PROPERTIES, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 5795 Brick Road, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 38 NORTH, RANGE 2 EAST, IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA and which has Key Number 25- 1009 -0152, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization REGULAR MEETING AUGUST 28, 2000 area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. - Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Bill Cupp, no address given, with GWSB Properties, LLC, made the presentation for this Resolution. Mr. Cupp asked the Council for confirmation of this Resolution to build a two hundred thousand (200,000) square foot warehouse. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2918 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3815 RALPH JONES DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR RALPH JONES PARTNERS L.P. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3815 Ralph Jones Drive, South Bend, Indiana, and which is more particularly described as follows: SOUTHEAST CORNER, LOT 2, TOLL ROAD INDUSTRIAL PARK, SECTION 1 and which has Key Number 25- 1013 - 0217.01, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances REGULAR MEETING AUGUST 28, 2000 and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of six (6) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. se g. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Steve Staszewski, representing Ralph Jones Partners L.P., 227 North Main Street, South Bend, Indiana made the presentation for this Resolution. Mr. Staszewski asked the Council to confirm this tax abatement for the new business they are bringing to Cleveland Road which will bring eleven (11) high paying jobs to the community and which will be done before the end of the year 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. RESOLUTION NO. 2919-00 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 2215 SOUTH OLIVE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JERRY ZOCK WHEREAS, a Statement of Benefits and apetiton 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 2215 South Olive Street, South Bend, Indiana, and which is more particularly described as follows: Lot 147 Homeland 2nd and which has tax Key Number 18- 8104 -3950, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea.' and South Bend Municipal Code Sections 2 -76 et seQ.. and; 1 r REGULAR MEETING AUGUST 28.2000 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 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 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 seg., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: 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 prof ects 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 REGULAR MEETING AUGUST 28, 2000 D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /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. Jerry Zock, 2311 Highland Avenue, South Bend, Indiana, made the presentation for this Resolution. Mr. Zock stated that he proposes to build an eleven hundred (1,100) square foot house that looks like the other houses in the area. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. REGULAR MEETING RESOLUTION NO. 2920-00 AUGUST 28, 2000 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING, AFTER INVESTIGATION THAT THE LEASE OF PROPERTY AT 2202 WEST HURON, SOUTH BEND, INDIANA FOR USE AS A NEIGHBORHOOD , PARTNERSHIP CENTER IS NECESSARY WHEREAS, the Board of Public Works of the City of South Bend, Indiana (Board), on August 14, 2000, received a petition ( "Petition ") signed by fifty (50) taxpayers of the City of South Bend, requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center, by entering into a lease agreement with REBS, Inc. for a term of twelve months with a twelve month option to renew upon agreement by the city, with a rental not to exceed Seven Thousand Two Hundred Dollars ($7,200.00) in the first twelve month period and if the option year is exercised by the City, the second term rental shall not exceed Seven Thousand Two Hundred Dollars ($7,200.00); and WHEREAS, the Board received, on August 14, 2000, a certificate of the St. Joseph County Auditor certifying that the verifier of the Petition and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, I.C. 36- 1- 10 -7(2) requires, prior to the Board of Public Works entering into a lease agreement for said premises, that the Common Council, determine that the premises are needed and that the lease amount is reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1) That the Common Council has conducted a public hearing on this Resolution, and has heard persons desiring to speak in favor of and opposed to the adoption of this Resolution. 2) That the Common Council is desirous of establishing a neighborhood partnership center in the proposed location in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhood. 3) That the property to be leased at 2202 West Huron, South Bend, Indiana, contains approximately 2,000 square feet of space, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended. 4) That on August 14, 2000, a Petition signed by fifty (50) taxpayers of the City of South Bend, Indiana, was filed with the Board of Public Works of the City of South Bend, Indiana, requesting that the Board lease the property at 2202 West Huron, South Bend, Indiana, as space for a Neighborhood Partnership Center by entering into a lease with REBS, Inc. for a term of twelve (12) months with a twelve (12) month option to renew exercisable by the City, with rental not to exceed Seven Thousand Two Hundred Dollars ($7,200.00) in the first lease term and rental not to exceed Seven Thousand Two Hundred Dollars ($7,200.00) if the option to renew is exercised by the City. 5) That on August 14, 2000, the Board of Public Works received a certificate signed by the St. Joseph County Auditor, certifying that the verifier and the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend. 6) That on August 14, 2000, a proposed lease agreement for the premises was filed with the Board of Public Works, a true and complete copy of which is attached hereto and incorporated herein. 7) That having heard all speakers at the presentation and hearing on this Resolution on August 14, 2000, and having taken into consideration facts adduced at this hearing and in documents and presentations, as well as all personal investigation, discussions, and consideration by individual REGULAR MEETING AUGUST 28, 2000 Council members, the Common Council of the City of South Bend hereby finds pursuant to I. C. 36- 1- 10 -7(2), that the lease of property at 2202 West Huron as a Neighborhood Partnership Center, as petitioned by the fifty (50) taxpayers of the City of South Bend, as certified by the St. Joseph County Auditor is needed. 8) 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, South Bend Common Council Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Jennifer Mielke, Neighborhood Planner, Department of Community & Economic Development, Planning & Neighborhood Development, 205 W. Jefferson Boulevard, Suite 416, South Bend, Indiana, made the presentation for this Resolution.. Ms. Mielke stated'that she is seeking the Council's favorable approval of a lease for property at 2202 West Huron Street which will be utilized as the Westside Partnership Center. This lease is for one (1) year with an option to renew for one (1) year with a monthly rental amount of six hundred dollars ($600.00). The term of the lease is September 1, 2000 through August 31, 2001. A Public Hearing was held on the Resolution at this time. Ms. Cindy Deleon, 451 South Jackson Street, South Bend, Indiana, informed the Council that she is a Board member and was responsible for securing the required signatures of taxpayers requesting that the City enter into this lease. She noted that everyone supports what the Center provides and she asked for approval so they can continue to do outreach to the community. Ms. Emily Lentych, 710 South Grant Street, South Bend, Indiana, advised that she teaches crafts at the Center and asked that the Council pass this bill. 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 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 nine (9) ayes. BILLS - FIRST READING BILL NO. 72 -00 A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2001 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 73-00 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, il. REGULAR MEETING AUGUST 28.2000 INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 on September 11, 2000 and Third Reading on September 25, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 74-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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 on September 11, 2000 and Third Reading on September 25, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 75 -00 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 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 on September 11, 2000 and Third Reading on September 25, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 76-00 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 2001 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 9, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 77 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 229 SOUTH WILLIAM, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING AUGUST 28, 2000 BILL NO. 78 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 227 SOUTH WILLIAM STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 79 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 557 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 80 -00 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 553 EDGEWATER, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 81 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $215,000 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had first reading. Councilmember Varner made a motion to refer this bill to the Parks and Recreation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $1,800,000.00 FROM THE LOCAL ROADS AND STREETS FUND ACCOUNT (FUND NO. 251) This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on August 15, 2000: REGULAR MEETING AUGUST 28.2000 BILL NO. 57-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4200 & 4300 BLOCK OF MEGHAN BEELER COURT IN THE CITY OF SOUTH BEND, INDIANA, 46628 Councilmember Coleman made a motion to refer this bill to the Zoning and -- Annexation Committee and set it for Public Hearing and Third Reading on September 11, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Robert Elston, 1927 Briarway, South Bend, Indiana, owner ofproperty at 1326 South Michigan Street, South Bend, Indiana, advised the Council that he received a letter advising him of a Public Hearing on a vacation petition that the Council was to discuss tonight but instead continued until September 25, 2000. Mr. Elston stated that he attended other meetings regarding rezoning for this property and this matter has also been postponed at those meetings. He wondered if he would be notified of new dates for these matters. Councilmember Varner informed Mr. Elston that the Council was not made aware of the continuation of Bill No. 64 -00 until this afternoon and apparently the petitioner is reconsidering this request. Councilmember King reiterated that the petitioner is rethinking the plan and he and Council President Pfeifer suggested that Mr. Elston contact Mr. Jon Hunt of the Department of Community and Economic Development regarding this matter. ADJOURNMENT There being no further business to come before the Council, President Pfeifer made a motion to adjourn. Councilmember Uj dak seconded the motion which carried by a voice vote of nine (9) ayes and the meeting was adjourned at 9:50 p.m. ATTEST: ATTEST: oretta . D , City Clerk Charlotte Pfeifer, President)