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HomeMy WebLinkAbout09-25-00 Council Meeting MinutesREGULAR MEETING SEPTEMBER 25, 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, September 25, 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 1 st District Vice - President Charlotte Pfeifer 2nd District President Roland Kelly 3rd District Karl King 4th District David Varner 5th District Andrew Ujdak 6th District Chairperson, Committee of the Whole Sean Coleman At -Large Al `Buddy" Kirsits At -Large Karen L. White At -Large Absent: None 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 11, 2000 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Charlotte Pfeifer s/David Varner Councilmember Coleman made a motion that the minutes of the September 11, 2000 meeting 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. 2927 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE CONTINUED AND ENHANCED ECONOMIC REVITALIZATION AND PROMOTION OF SCOTTSDALE MALL AS THE RETAIL CENTER OF OUR CITY WHEREAS, the South Bend Common Council recognizes that Scottsdale Mall, located in the Fifth Councilmanic District by the southern city limits, is one of the most valuable commercial and retail assets in the City of South Bend; and WHEREAS, Scottsdale Mall which has approximately 400,000 square feet of leasable space; and its owners have vigorously pursued a $3.5 million dollar rehabilitation proj ect in 1992 and a $7.9 million dollar rehabilitation project in 1993 with Phase I and II consisting of the renovation and construction of new entry ways, new escalators, extensive landscaping, construction of a six - screen movie theater, the addition of skylights, extensive relighting, the addition of an eight (8) unit food court, as well as many major infra - structure renovations; and WHEREAS, the City Administration and the Common Council have determined that unified effort would be in the City of South Bend's best interests in promoting and enhancing the many consumer opportunities available at Scottsdale Mall in order to ensure that it is the major hub and REGULAR MEETING SEPTEMBER 25.2000 magnet for local, regional and national retailers; and WHEREAS, the continued and enhanced growth in the southern portion of our City has spurred increased residential and commercial construction which is providing a corresponding need for quality retail stores for new residents and employees of businesses; and WHEREAS, the City Administration and the Common Council believe and are committed to promoting viable, quality and competitive retail opportunities which offer consumers with a wide variety of shopping, dining and entertainment options, as well as sound employment opportunities; and WHEREAS, the City of South Bend, Indiana proudly supports the many initiatives aimed at revitalizing and invigorating the untold opportunities available by a viable and competitive Scottsdale Mall. 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 continued and enhanced revitalization, promotion and development of Scottsdale Mall so that it will become the premier retail center in northern Indiana. Section II. The Council believes that Scottsdale Mall can once again become the retail catalyst which will attract new and return customers because of its baseline commitment to operational vitality, and to its owners and operators providing customer- focused retail, dining and entertainment opportunities which will build and maintain a strong and reinvigorated following. Section III. 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 Fifth District Councilmember David Varner, 1306 Clayton Drive, South Bend, Indiana, made the presentation for this Resolution Councilmember Varner informed the Council that Mr. Timothy Hernly, Attorney at Law, Barnes & Thornburg, 600 1" Source Center, 100 North Michigan Street, South Bend, Indiana, was present this evening representing Scottsdale Mall. He stated that Mr. Hernly is not at liberty to discuss all aspects of the ongoing sale of the Mall but is working diligently in this effort. He noted that the purpose of this Resolution is to let the public know that the fifth district and the people of South Bend would like to have a viable mall in South Bend. At this point, Councilmember Varner read the Resolution in its entirety, presented it to Mr. Hernly and asked for the Council's favorable support. I I 1 REGULAR MEETING SEPTEMBER 25.2000 Mr. Timothy Hernly informed the Council that he represents the owners and management of Scottsdale Mall which is Massachusetts Life Insurance Company and Cornerstone Real Estate. He reminded the Council that tax abatements were granted to Scottsdale Mall in 1992 and 1993 with the owners making a substantial investment in the mall at that time. He noted that they believe there has been a shift in preferences and demographics and because of that, despite their best efforts to replace tenants, it has proven to be difficult. He further stated that the occupancy rate continues to decline and it is at the lowest ever. A severe blow to the mall was the departure of L. S. Ayres which was the center anchor store. Mr. Hernly stated that there are matters pending regarding the change in ownership which he cannot discuss but that additional capital is needed as well as a number of new quality tenants. He noted that it is important that Scottsdale Mall remain the most vital retail center in South Bend as it has been for the past thirty (30) years. He asked the Council to support the passage of this bill. A Public Hearing was held on the Resolution at this time. Mayor Stephen Luecke, 1400 County -City Building, South Bend, Indiana, noted that he agrees with the sentiments conveyed and the City administration stands ready to work with Scottsdale Mall. Mr. Matt Wilken, 1526 East Calvert Street, South Bend, Indiana, stated that he would like to offer a note of caution that perhaps there is a reason for the decline at the Mall. He stated that perhaps consumers don't want to go there and that perhaps the northwest side would be a better place for a mall. He wanted the Council to look at this issue with a clear eye as there are market factors involved here. Councilmember Varner indicated to the Council that people say to him that they do not want to travel to Grape Road to shop. The convenience and location of Scottsdale Mall is a positive and he therefore asked for the Council's unanimous approval of this Resolution. Therefore, Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember King seconded the motion which carried. RESOLUTION NO. 2928 -00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING THE EAST SIDE LITTLE LEAGUE NINE AND TEN YEAR OLD ALL -STAR TEAM FOR WINNING THE STATE CHAMPIONSHIP WHEREAS, the East Side Little League Nine and Ten Year Old All -Stars won the Indiana State Championship on July 31, 2000 in Hartford City, Indiana; and WHEREAS, the Tournament began on July 7, 2000 with East Side defeating a strong Southeast team on July 13, 2000 for the District 11 Championship and from there advancing to the Sectional Tournament, and; WHEREAS, on July 21, 2000 they traveled to Elkhart County to play the District 14 Champions in a "Best of 3" Sectional Tournament and won to advance to the State Finals; and WHEREAS, the State Tournament began on July 27, 2000 with eight teams from around the State, including Fort Wayne, Evansville, Hammond, Hartford City, Martinsville, Pendleton, Indianapolis, and South Bend East Side; and WHEREAS, East Side won the State Championship game by defeating Pendleton by a score of8to3;and WHEREAS, the East Side Little League Nine and Ten Year Old All -Stars represented South Bend well by exhibiting both outstanding athletic ability and excellent sportsmanship. REGULAR MEETING SEPTEMBER 25.2000 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, hereby publicly congratulates the East Side Little League Nine and Ten Year Old All -Stars and urges all South Bend citizens to join -the Council in recognizing their sportsmanship, dedication, and teamwork and thanking them for providing so many inspiring memories this season. 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 ATTEST: s /Loretta J. Duda, City Clerk s/David 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 s/Kathleen Cekanski- Farrand, Council Attorney s/ Stephen J. Luecke, Mayor Fourth District Councilmember Karl King, 1515 East Washington Street, South Bend, Indiana, made the presentation for this Resolution. Councilmember King stated that the Resolution readjust before this one presents a challenge to be met. However, this Resolution recognizes a challenge that has been met. Councilmember King named all the members of the team, along with the coaches, and invited them to the podium to join him as he read the Resolution in its entirety and which he then presented to the team and the coaches. A Public Hearing was held on the Resolution at this time. Mayor Stephen Luecke,1400 County -City Building, South Bend, Indiana, commended the team on their championship. Councilmembers Kirsits, Kelly and Pfeifer congratulated the team for this victory and joined the entire Council in personally shaking the hands of the team and coaches. There was no one else present wishing to speak in favor of this Resolution and there was no one present wishing to speak in opposition to this bill. Therefore, Councilmember Coleman made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:28 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 73-00 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 1 REGULAR MEETING SEPTEMBER 25, 2000 BILL NO. 74 -00 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT BILL NO. 75-00 PUBLIC HEARING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2001 Councilmember Coleman made a motion to have read into the record Bill Nos. 73-00,74-00 and 75- 00 for consideration in the Council portion of the meeting only, as the Public Hearing on these bills was held on September 11, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Ujdak reiterated that these bills relate to the budget process and are on the agenda this evening in the Council portion only. He also noted that the Personnel and Finance Committee sent these bills to the full Council with favorable recommendations. Councilmember Coleman made a motion to send Bill No. 73 -00 to the full Council with a favorable recommendation. Councilmember Kelly seconded the motion. At this time Councilmember Varner stated that as a way of explanation he would like to explain his position on these bills. He noted that Bill No. 73 -00 is the approval of funds to support the Hall of Fame which is something he objects. He stated that he will support Bill No. 74 -00 but will not support Bill No. 75 -00 which is a bill levying taxes to make bond payments on the Hall of Fame which he does not support. He explained that his objection to these bills has nothing to do with his appreciation for the large effort that was put into developing the budget but that his objection rests with only these two (2) items and not the budget in general. Councilmember Varner thanked City Controller Cathy Roemer and her staff for their work on the budget process which he believes has become better organized. Upon the motion made by Councilmember Coleman and seconded by Councilmember Kelly, Bill No. 73 -00 carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Varner. Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 74 -00. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kelly made a motion for favorable recommendation to full Council concerning Bill No. 75 -001. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay by Councilmember Varner. BILL NO. 64 -00 PUBLIC HEARING ON 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 REGULAR MEETING SEPTEMBER 25.2000 THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Ujdak noted that the Council has received a request to withdraw this bill from consideration. Therefore, Councilmember Coleman made a motion that this bill be stricken from the agenda. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 83 -00 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST /WEST ALLEY NORTH OF DUN HAM STREET FROM THE WEST R/W LINE OF WALNUT STREET TO THE EAST R/W LINE OF HARRIS STREET FOR A DISTANCE OF 148.5 FEET AND A WIDTH OF 12 FEET. PART OF ARNOLD'S SUBDIVISION OF BANK OUT LOT 100 -101 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that Ithe Council has received some requests from the Engineering Department concerning this proposed vacation that need to be in place prior to adoption. He noted that the petitioner has agreed to take these requests back to the concerned'parties and to be present at the October 9, 2000, meeting of the Council with some agreements in place. Therefore, Councilmember King made a motion that this bill be continued until October 9, 2000, and that it be sent to the Public Works and Property Vacation Committee at that time. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: (� 51� Loretta . D , Cit Clerk Andrew Ujdak, Cho Committee of the V 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 7:35 p.m. Council President Charlotte Pfeifer presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9140 -00 AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2001, AND ENDING REGULAR MEETING SEPTEMBER 25, 2000 DECEMBER 31, 2001, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay by Councilmember Varner. ORDINANCE NO. 9141 -00 AN ORDINANCE 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 third reading. Councilmember Kelly made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9142 -00 AN ORDINANCE 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 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 eight (8) ayes and one (1) nay by Councilmember Varner. RESOLUTIONS: RESOLUTION NO. 2929 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 00 -107) DECLARATORY RESOLUTION DESIGNATING CERTAINAREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. RESOLUTION NO. 2930 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A (BILL NO. 00 -108) DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. Councilmember Varner made a motion to combine the above referred to Resolutions for purposes of Public Hearing. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING SEPTEMBER 25.2000 RESOLUTION NO. 2929 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 West Cleveland Road, South Bend, Indiana, and which is more particularly described as follows: A tract of land in part of the East half of Section 2l, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and which has Key Number 25- 1013 -0218, 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 cornf rins 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 (insert number of years () 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. sea. 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 RESOLUTION NO. 2930 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 WEST CLEVELAND ROAD TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL SOUTH BEND, INC. 1 1 REGULAR MEETING SEPTEMBER 25, 2000 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 (insert the street address) and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 38 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana and which has Key Number 25- 1013 -0218, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal Property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal Property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et 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. Dick Monagle, Plant Manager, Federal - Mogul, 3605 West Cleveland Road, South Bend, Indiana, made the presentation for these Resolutions. Mr. Monagle advised that these tax abatements are requested in order for them to add a forty- thousand (40,000) square foot addition to their current facility which will cost approximately two million ($2,000,000.00) dollars. It will add at least sixty -eight (68) jobs to the current four hundred fifty (450). He noted that the new equipment will enable them to expand what they currently do. Also, he noted that they have experienced an increase in sales every year since they have opened. 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 these Resolutions, Councilmember Aranowski made a motion to adopt Resolution No. 2929 -00. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to adopt Resolution No. 2930 -00. Councilmember King seconded the motion which carried by a roll call vote of nine (9) ayes. REGULAR MEETING SEPTEMBER 25, 2000 RESOLUTION NO. 2931 -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 1402 AND 1408 WEST WASHINGTON STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1402 AND 1408 West Washington Street, South Bend, Indiana, and which is more particularly described as follows: 1402 West Washington Street THAT PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIF, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS ESCRIBED AS: LOT #1 AND A PORTION OF LOT #2 IN THE PLAT OF "KIRBY'SS I UBDIVISION OF BANK OUT LOT #83" AS RECORDED IN PLAT BOOK #3 ON PAGE #16 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE KEY #18 -3075 -2965 1408 West Washington Street THAT PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT #3 AND A PORTION OF LOT #2 IN THE PLAT OF "KIRBY'S SUBDIVISION OF BAK OUT LOT #83" AS RECORDED IN PLAT BOOK #3 ON PAGE #16 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA, RECORDER'S OFFICE KEY #18- 3075 -2963 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 seg., and South Bend Municipal Code Sections 2 -76, et sea •, and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8; 1997: f Fj i L REGULAR MEETING SEPTEMBER 25, 2000 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 ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five REGULAR MEETING SEPTEMBER 25, 2000 (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby detertiiines 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. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Andrews informed the Council that these properties represent the last section of the first phase of new construction on West Washington to provide affordable single family owner occupied housing. She noted that they have had tak abatements on sixteen (16) lots and these are the last two (2). She requested the Council's favorable action. 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 Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2932 -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 5117 IDLEWOOD, 5125 IDLEWOOD, 218 NORTH SUMMIT DRIVE, AND 226 NORTH SUMMIT DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE COKER WHEREAS, a Statement of Benefits and a 'petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 5117 Idlewood, 5125 Idlewood, 218 North Summit Drive, and 226 North Summit Drive, South Bend, Indiana, and which is more particularly described as follows: Address Legal Description Key No. 218 North Summit Drive Lot 170 Mayflower Section 11 18- 4129 - 5044.05 226 North Summit Drive Lot 171 Mayflower Section 11 18- 4129 - 5044.06 1 1 REGULAR MEETING SEPTEMBER 25.2000 5117 Idlewood Lot 172 Mayflower Section 11 18- 4129 - 5044.07 5125 Idlewood Lot 173 Mayflower Section 11 18- 4129 - 5044.08 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 seq.. and, WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as 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: REGULAR MEETING SEPTEMBER 25.2000 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 proj 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 D. That the totality ofbenefits is suffciennt 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 ofthe 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. Ms. Sue Clark, 54242 Maple Lane, South Bend, Indiana, made the presentation for this Resolution. Ms. Clark informed the Council that these properties are located in the Mayflower Addition and they intend to build affordable housing. She further noted that these are the last four (4) lots available at this location. A Public Hearing was held on the Resolution at this time. fl D REGULAR MEETING SEPTEMBER 25, 2000 There was 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 and Councilmember Kelly seconded the motion. Councilmember Varner inquired of Ms. Clark if she thought it was beneficial to have tax abatement on these properties and whether or not they could tell that it made a difference in their sales. Ms. Clark responded that it is very important in the Mayflower Addition and she noted that some individuals who would otherwise not be able to afford a new house were able to with the help of tax abatement. The motion made by Councilmember Coleman and seconded by Councilmember Kelly carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 86 -00 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $508,000 FROM THE SELF - INSURANCE FUND (FUND NO. 226) This bill had first reading. Councilmember Varner 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 White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 87 -00 FIRST READING 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 CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH, AND RESCINDING ORDINANCE NO. 9111 -00 This bill had first reading. Councilmember Varner made a motion to accept the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on October 23, 2000. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS BILL NO. 00 -111 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 Councilmember White made a motion that this Resolution be continued until the October 9, 2000 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 58 -00 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE A FEE SCHEDULE FOR ISSUANCE OF CERTIFICATES OF APPROPRIATENESS REGULAR MEETING SEPTEMBER 25.2000 Councilmember Varner made a motion to strike this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following bills based on their Public Hearing held on September 19, 2000: BILL NO. 63'-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 2, DIVISION 7, "C" COMMERCIAL DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD ZONING DISTRICTS TO THE LOCATIONAL REQUIREMENTS OF ADULT USES BILL NO. 71 -00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3, NONCONFORMING USES, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY REVISING AND ADDING REGULATIONS TO ALLOW FOR RECONSTRUCTION OF NON - CONFORMING SINGLE- FAMILY HOMES BILL NO. 66 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 345 - 347 LINCOLN WAY WEST, IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 67 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 530 NORTH LAFAYETTE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 69 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1904 & 1906 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to refer the above referred to bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on October 9, 2000. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 68 -00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 S. LOGAN ST., IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to strike this bill from consideration. Councilmember Varner seconded the motion which carr` ied by a voice vote of nine (9) ayes. NEW BUSINESS: CITIZEN APPOINTMENTS ON COUNCIL STANDING COMMITTEES President Charlotte Pfeifer announced that several standing committees of the Council need citizen involvement. She asked that everyone spread the word. REGULAR MEETING SEPTEMBER 25, 2000 PRIVILEGE OF THE FLOOR: Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council a two (2) page handout entitled College Football Hall of Fame Operating Statements Comparative Summary: Jan. 1 -June 30. Mr. Cierzniak outlined the report for the Council highlighting certain aspects of the revenue and expenses. Mr. Cierzniak also read and made comments on the five (5) questions which were listed on page two of his handout. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 8:00 p.m. ATTEST: Loretta XI)4tity deri ATTEST: Charlotte Pfeifer, Presi n