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Home My WebLink About02-08-99 Council Meeting MinutesREGULAR MEETING FEBRUARY 8,1999 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, February 8, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak, Coleman and Sniadecki Absent: Council Member Hosinski REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the January 25, 1999, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Aranowski made a motion that the minutes of the January 25, 1999, meeting be accepted and placed on file, seconded by Council Member Kelly. The motion carried. Council Member Pfeifer made a motion to resolve into the Committee of the Whole, seconded by Council Member Kelly. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 8:00 p.m. with eight members present. Chairman Pfeifer presiding. BILL NO. 3 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, PENNSYLVANIA AVENUE ON THE NORTH, BROADWAY STREET ON THE SOUTH, AND MARIETTA STREET ON THE WEST This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Marco Mariani, neighborhood planner for Economic Development, made the presentation for the bill. He advised that his department, as well as American Home Dreams are petitioning to vacate streets and alleys, in order to permit construction of fourteen new homes. This will also permit the construction of a cul -de -sac on Pennsylvania Ave. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 94 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR CITY ADOPTION OF COUNTY LANDMARKS UPON CITY ANNEXATION OF AFFECTED LAND Council Member Coleman made a motion to continue public hearing on the bill until February 22, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 104 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC REGULAR MEETING FEBRUARY 8. 1999 LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 Council Member Kelly made a motion to continue public hearing on the bill until February 22, at the request of the petitioner, seconded by Council Member Sniadecki. The motion carried. BILL NO. 5 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $2,310,423 FROM THE GENERAL FUND, $135,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $100,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,666,608 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $1,946,500 FROM THE COUNTY OPTION INCOME TAX FUND, $231,503 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $1,111,526 FROM THE PARKS AND RECREATION FUND, $258,100 FROM THE PARKS NON - REVERTING CAPITAL FUND, $2,783,000 FROM THE LOCAL ROADS AND STREET FUND, $92,100 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $871,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,152,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, AND $69,500 FROM THE COLLEGE FOOTBALL HALL OF FAME FUND This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Mayor Luecke made the presentation for the bill. He advised that this $17,000,000 appropriation would be used for capital expenditures to meet the needs of our city departments. He thanked the department heads who have kept expenses down. He advised that this addresses the City's short and long term needs. Jim Cierzniak, 1156 E. Victoria, objected to the building of a wading pool at Kennedy Park. He thought it should be a full size swimming pool. Mayor Luecke explained that this was not just a wading pool it was a water playground, which will have a greater attraction for youngsters. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member King. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTEST: ATTEST: City Clerk/// Chairman 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 7:24 p.m. Council President Coleman presiding, and eight members present. ORDINANCE NO. 8979 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VARIOUS STREETS AND ALLEYS BOUNDED AS FOLLOWS: HIGH STREET ON THE EAST, PENNSYLVANIA AVENUE ON THE NORTH, BROADWAY STREET ON THE SOUTH, AND MARIETTA STREET ON THE WEST This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Pfeifer. The bill REGULAR MEETING FEBRUARY 8, 1999 passed by a roll call vote of eight ayes. ORDINANCE NO. 8980 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES, INCLUDING $2,310,423 FROM THE GENERAL FUND, $135,000 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $100,000 FROM THE CUMULATIVE CAPITAL IMPROVEMENT FUND, $1,666,608 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $1,946,500 FROM THE COUNTY OPTION INCOME TAX FUND, $231,503 FROM THE EMERGENCY MEDICAL SERVICES CAPITAL FUND, $1,111,526 FROM THE PARKS AND RECREATION FUND, $258,100 FROM THE PARKS NON - REVERTING CAPITAL FUND, $2,783,000 FROM THE LOCAL ROADS AND STREET FUND, $92,100 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $871,000 FROM THE WATER WORKS DEPRECIATION FUND, $5,152,500 FROM THE SEWAGE WORKS DEPRECIATION FUND, AND $69,500 FROM THE COLLEGE FOOTBALL HALL OF FAME FUND This bill had third motion to pass this The bill passed by RESOLUTIONS reading. Council Member Aranowski made a bill, seconded by Council Member Pfeifer. a roll call vote of eight ayes. RESOLUTION NO. 2702 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 621, 625, 630, 631, AND 632 O'BRIEN, 1529, AND 1533 LEBANON, 310, 314, AND 317 KENTUCKY, 317, 418 AND 420 CUSHING, 1315, 1317, 1319 AND 1321 VAN BUREN, 1502 FREMONT, 1429 OLIVE, 723 SOUTH BEND AVENUE, 114, 118, AND 122 BENDIX, 804 DAYTON, 202 S. KALEY, 1614, 1624, 1630 AND 1721 ELMER RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR PIERRE A. SMITH DBA EAGLE ASSOCIATES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 621, 625, 630, 631, and 632 O'Brien, 1529, and 1533 Lebanon, 310, 314, and 317 Kentucky, 317, 418, and 420 Cushing, 1315, 1317, 1319, and 1321 VanBuren, 1502 Fremont, 1429 Olive, 723 South Bend Avenue, 114, 118, and 122 Bendix, 804 Dayton, 202 S. Kaley, 1614, 1624, 1630, and 1721 Elmer, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 621 O'Brien Lot 5 Smith Sub of Lot 5 18- 2036 -1207 K & M Addition 625 O'Brien Lot 4 Smiths Sub of lot 5 18- 2036 -1205 K & M Addition 630 O'Brien 33 x 132" Mid PT NW 1/4 18- 2036 -1193 NE 1/4 Lot 5 K & M Addn. 631 O'Brien 33 x 157' SE Cor NW 18- 2036 -1191 Lot 5 L & M Addition 632 O'Brien 36' S Side NW 1/4 NE 18- 2036 -1194 J J C! REGULAR MEETING 1529 Lebanon 1533 Lebanon 310 Kentucky 314 Kentucky 317 Kentucky 317 Cushing 418 Cushing 420 Cushing 1315 VanBuren 1317 VanBuren 1319 VanBuren 1321 VanBuren 1429 olive 1502 Fremont 723 South Bend Ave 114 Bendix 118 Bendix 122 Bendix 804 Dayton 202 S. Kaley 1614 Elmer' 1624 Elmer 1630 Elmer 1721 Elmer FEBRUARY 8, 1999 1/4 Lot 5 K & M Addn. Lot 93 Wenger & Kreighbaum 18- 7012 -0480 2nd Addn. Lot 92 Wenger & Kreighbaum 18- 7012 -0481 Lot 254 LaSalle Park 18- 4060 -2218 Lot 255 LaSalle Park 18- 4060 -2221 Lot 267 Lasalle Park 18- 4060 -2223 20 Heintznmans 18- 1028 -1257 5 Heintznmans 18- 1028 -1264 5 Heintznmans 18- 1028 -1263 Lot 8 Mendenhall & Wards 18- 1082 -3452 125 -134 A G Cushing 6th Lot 7 Mendenhall & Wards 18- 1082 -3451 125 -134 A G Cushing 6th 79" S End Lot 6 Mendenhall & 18- 1082 -3450 Wards 125 - 134 A G cushings 6th 79, S End Lot 5 Mendenhall & 18- 1082 -3449 Wards 125 -134 A G Cushing 6th Lot 218 Vernon Heights 18- 2108 -4024 Lot 202 Vernon Heights 18- 2108 -4021 Lot 19 & 20 18- 5035 -1236 Turnocks & Macks 18- 5036 -1237 Lot 224 Lasalle Park 18- 4057 -2092 Lot 225 LaSalle Park 18- 4057 -2095 Lot 226 & N � Vac 18- 4057 -2098 Alley Lasalle Park Lot 1 So. East 4th Addn. 18- 7057 -2105 Lot 775 Summit PL 3RD 18- 4033 -1185 Lot 49 Huey Heights 18- 2148 -5522 Lot 47 Huey Heights 18- 2148 -5518 Lot 45 Huey Heights 18- 2148 -5514 Lot 426 Marquette Hts 18- 2118 -4354 as Residentially Distressed Areas; 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 a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new 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. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the REGULAR MEETING FEBRUARY 8, 1999 designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -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) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seg. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Pierre Smith, the petitioner, made the presentation for the resolution. He reported that they plan to build new single family homes. He indicated they hope that over the next three to five years they will have homes on all of the lots. Council Member Varner made a motion to adopt this resolution, seconded by Council Member Kelly. The resolution was adopted by a roll call vote of eight ayes. BILLS, FIRST READING BILL NO. 6 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST /WEST ALLEY SOUTH OF WESTERN AVENUE FROM THE EAST RIGHT -OF -WAY OF SOUTH ALBERT STREET TO THE WEST RIGHT -OF -WAY OF SOUTH SHERIDAN STREET FOR A DISTANCE OF APPROXIMATELY 284.26 FEET IN LENGTH AND A WIDTH OF 14 FEET. PART LOCATED IN BELLEVILLE 3RD UNIT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. ALSO: THE FIRST NORTH /SOUTH ALLEY WEST OF SOUTH SHERIDAN FROM THE SOUTH RIGHT -OF -WAY OF THE FIRST EAST /WEST ALLEY SOUTH OF WESTERN AVENUE 1 1 1 REGULAR MEETING FEBRUARY 8, 1999 TO THE EXTENDED LOT LINES OF LOTS 437 AND 426 FOR A DISTANCE OF APPROXIMATELY 108 FEET IN LENGTH AND A WIDTH OF 14 FEET AND INCLUDING THE ANGLES AT THE INTERSECTION OF THE EAST /WEST ALLEY. PART LOCATED IN BELLEVILLE 3RD UNIT, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Varner, made a motion to continue this bill indefinitely, seconded by Council Member Kelly. The motion carried. BILL NO. 7 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4014 W. WESTERN AVE., SOUTHWEST CORNER OF WESTERN AVE. & SHERIDAN ST., 414, 418, 422 S. ALBERT ST. AND 413, 417, 421 S. SHERIDAN ST., ALL IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Pfeifer. The motion carried. BILL NO. 8 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE 1ST NORTH /WEST ALLEY NORTH /EAST OF LINCOLN WAY EAST FROM THE NORTH /EAST RIGHT -OF -WAY OF BRONSON STREET TO THE SOUTH /EAST RIGHT -OF -WAY OF THE 1ST NORTH /EAST ALLEY NORTH /WEST OF BRONSON STREET FOR A DISTANCE OF APPROXIMATELY 116.2 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. ALL LOCATED IN FRANTZ'S ADD., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on February 22, seconded by Council Member Kelly. The motion carried. BILL NO. 9 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $65,000.00 FROM THE COVELESKI IMPROVEMENT FUND (FUND NO. 401) This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Parks & Recreation Committee and set it for public hearing and third reading on February 22, seconded by Council Member Kelly. The motion carried. BILL NO. 10 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $120,745 FOR THE LEIGHTON PLAZA GARAGE FROM THE PARKING GARAGE FUND This bill had first reading. Council Member Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 22, seconded by Council Member Kelly. The motion carried. BILL NO. 11 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING PARKING RATES FOR PARKING GARAGES OPERATED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on February 22, seconded by Council Member Kelly. The motion carried. BILL NO. 12 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5414 WEST SAMPLE STREET, CITY OF SOUTH BEND, INDIANA REGULAR MEETING FEBRUARY 8, 1999 This bill had first reading. Council Member Kelly made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. NEW BUSINESS Council President Coleman announced that the Council has two bipartisan appointments to the Historic Preservation Commission that need to be filled, and anyone interested should send a resume to the Council. He advised they will conduct interviews as soon as they have applicants. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke regarding the year end figures for the Hall of Fame. Raymond Wallace, 1230 Miner, a bus driver for the South Bend Community School Corp., indicated some of bus drivers were here tonight to let the Council know they are concerned about their parking privileges. He advised that the bus maintenance facility was a long distance from most of their pickup and deliver areas and if they had to park there it could cause a variety of problems. There being no further business to come before the Council unfinished or new, Council Member Coleman adjourned the meeting at 7:47 p.m. ATTEST: ATTEST: ity 1 President 1 1