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HomeMy WebLinkAbout05-10-99 Council Meeting MinutesREGULAR MEETING MAY 10, 1999 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, May 10, 1999, at 7:00 p.m. The meeting was called to order 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 Rod Sniadecki Absent: John 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 April 28, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s /David Varner Councilmember King made a motion that the minutes of the April 28, 1999 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried. SPECIAL BUSINESS RESOLUTION NO. 2733-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING ALL POLICE OFFICERS AND ESPECIALLY THOSE KILLED IN THE LINE OF DUTY AND THE DECLARATION OF THE WEEK OF MAY 10TH AS LAW ENFORCEMENT MEMORIAL WEEK IN SOUTH BEND, INDIANA WHEREAS, nationally approximately 700,000 sworn law enforcement officers have chosen to serve society by protecting our communities twenty -four hours per day; and WHEREAS, the Common Council of the City of South Bend, Indiana, notes that despite crime statistics being lowered, police officers killed in the line of duty continues to increase; and WHEREAS, this afternoon at 3:00 p.m., the City of South Bend, Indiana, publicly honored officers of the South Bend Police Department who paid the ultimate sacrifice in a special annual ceremony of prayer and dedication; and the Common Council hereby publicly honors each of the memories of these officers again tonight who served the citizens of South Bend so proudly: Hans Brandt Fred E. Buland Oscar Christenson Samuel Cooper Paul R. Deguch Thomas J. DeRue, Sr. Charles E. Farkas, Sr. Ronald St. Germain, Sr. Lewis Keller Neil McIntyre Delbert Thompson Lloyd Thompson Howard Wagner REGULAR MEETING MAY 10, 1999 WHEREAS, the National Law Enforcement Officers Memorial was dedicated on October 15, 1991 and bears the names of over 14,000 peace officers who have been killed in the line of duty since 1794 and will add the names of 156 federal, state and local officers killed in 1998 who served as the "thin blue line" standing between the lawful and the lawless; and WHEREAS, on May 13,1999, the 11th Annual Candlelight Vigil will be held at the National Law Enforcement Officers Memorial at the Judiciary Square in Washington, D.C. where a reading of the names newly engraved on the Memorial will take place. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. On behalf of all the citizens of the City of South Bend, the Common Council hereby publicly commemorates and honors the thirteen (13) members of the South Bend Police Department who paid the ultimate sacrifice in serving and protecting the residents of our City; and also remembers the officers from the Indiana State Police Department and the Goshen Police Officer who selflessly put their lives on the line for a greater good. SECTION II. The Common Council honors each of these fallen police heroes, not because of the way they died, but because of the way they lived and performed their police duties each and every day since they raised their right hand to take the solemn oath of a peace officer. SECTION III. The South Bend Common Council hereby declares the week of May 10th as Law Enforcement Week in South Bend, Indiana, and urges all citizens to work toward peace and harmony in all of our neighborhoods in partnership with our dedicated police officers. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ATTEST: s /Loretta J. Duda, City Clerk s/Kathleen Cekanski- Farrand, Council Attorney 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/Rod Sniadecki, At Large s /Stephen J. Luecke, Mayor Councilmember Ujdak made the presentation for this Resolution. Councilmember Ujdak read the Resolution and presented copies to Police Chief Darrell Gunn and Sergeant Ruszkowski. Police Chief Gunn thanked the Council for sharing and experiencing the ceremony held earlier today at the Police Department and for this Resolution which he said was heartfelt and on behalf of the Department he appreciates the Council's support. A Public Hearing was held on this Resolution. There being no one present wishing to speak either in favor of or in opposition to this bill, Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Sniadecki seconded the motion which carried. REGULAR MEETING RESOLUTION NO. 2734 -99 MAY 10, 1999 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (FISKARS PROPERTIES, INC. NO.2 ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate located in German Township, St. Joseph County, Indiana, more particularly described in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed voluntarily by all (100 %) of its owners consists of approximately 0.37 acres of residential real estate. It is generally located on the south side of Brick Road, approximately 600 feet east of Cleveland Road, with approximately 98% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. The development of the territory proposed to be annexed will require a basic level of municipal public services, including fire and police protection, street and road maintenance, and services of a capital improvement nature, including water and sewer facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection, and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including water and sewer; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation in the same manner as the services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A part of the West Half of the West Half of the Northwest Quarter of Section 20, Township 38 North, Range 2 East, which part is bounded by a line running as follows, viz: Beginning at the Northeast corner of the West Half of the West Half of the Northwest Quarter of said section, township, and range; thence S 000 45'08" E a distance of 40 feet to the South Right of Way line of Brick Road, a point to be known as point of beginning; thence S 890 33'38" W a distance of 99.00 feet; thence S 000 45'05" E a distance of 124.87 feet; thence N 890 33'38" E a distance of 99.00 feet; thence N 000 45'09" W to the point of beginning. REGULAR MEETING MAY 10, 1999 Also, beginning at the above mentioned point of beginning, thence Easterly along the centerline of Brick Road a distance of 230 feet; thence South a distance of 20 feet; thence Westerly along a line parallel and 20 feet to the south of the said centerline a distance of 230 feet; thence North 20 feet to the point of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as street and road maintenance, police and fire protection within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as sewer and water facilities, within four (4) years of the effective date of the annexation in the same manner as those services are provides to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The South Bend Common Council for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution shall be in full force and effect from and after its date of adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Department of Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi stated that this is a voluntary annexation of approximately one -half ( %2) acre of land located on the south side of Brick Road East of Cleveland in German Township. Mr. Magliozzi noted that this parcel will be developed along with a parcel of land located to the west which was annexed last year. Mr. Magliozzi stated that the Board of Public Works, Board of Public Safety and Water Board have approved this Fiscal Plan. He also stated that all City services can be provided to the site. A Public Hearing was held on this Resolution at this time. Mr. Robert Palmiter, Genesis Architects & Engineers, Inc., 300 North Michigan Street, South Bend, Indiana, advised the Council that he was present on behalf of the Fiskers who are the owners of the property and with this additional land they will be able to add to and expand the existing office building. There was no one present wishing to speak in opposition to this Resolution. Therefore, Councilmember Aranowski 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 eight (8) ayes. TRANSPO APPOINTMENT Council President Coleman again reminded the public that the Council is accepting letters of interest from individuals interested in serving on the TRANSPO Board. President Coleman noted that this is a Republican appointment and that Mr. Emil "Lucky" Reznik, who currently holds this position, has expressed his interest in reappointment. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:17 p.m. Councilmember Pfeifer made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Pfeifer presided. 1 1 C REGULAR MEETING MAY 10, 1999 BILL NO. 26-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC. NO. 2, 23870 BRICK ROAD, SOUTH BEND, INDIANA Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioners are requesting a zone change from "R" Residential to "D" Light Industrial to allow an office building. The property is currently vacant and access to the property is from Brick Road. Mr. Byorni further advised that the total site to be rezoned is 12,362 square feet with the building occupying forty -nine per cent (49 %) of the site. The Area Plan Commission and staff sends this bill to the Council with a favorable recommendation subject to a final site plan. Mr Byorni noted that two (2) individuals attended the Area Plan Commission Public Hearing on this bill and were in opposition to the rezoning. They were business owners concerned about commercial use on Brick Road. Mr. Byorni also noted that there is companion rezoning in the County concerning this project. Mr. Robert Palmiter, Genesis Architects & Engineers, Inc., 300 North Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the Fiskers who are the owners of the property. Mr. Palmiter advised that the additional piece of property will allow the developer to expand the building by seventy -five per cent (75 %). He further noted that Genesis Architects & Engineers, Inc. will be the primary tenant of the 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. 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 the full Council concerning this bill. Councilmember Sniadecki seconded the motion which carried. BILL NO. 28 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY NORTH OF W. TASHER STREET FROM THE EAST RIGHT -OF -WAY OF S. MAIN STREET TO THE WEST RIGHT -OF WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN WHITCOMB & KELLER'S BEVERLY HEIGHTS ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works & Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. He also noted that the Board of Public Works has submitted a favorable recommendation concerning this vacation. Mr. Fred Voynovich, 3116 South Main Street, South Bend, Indiana, Petitioner, advised the Council that the purpose of this vacation is to keep unwanted business traffic from the scrap yard from using this alley. He noted that three (3) of his neighbors stated that they are in favor of the vacation. 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 MAY 10, 1999 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to the full Council concerning this bill. Council President Coleman seconded the motion which carried. BILL NO. 17 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1158 LWE, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Council President Coleman made a motion to hear the substituted version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioners are requesting a zone change from `B" Residential to "O" Office to allow an attorney's office. Mr. Byorni stated that the property is currently a single family home. The total site to be rezoned is 14,152 square feet of which the buildings will occupy nine per cent (9 %) of the site. Mr. Byorni further noted that the Area Plan Commission and staff sends this bill to the Council with a favorable recommendation subject to a final site plan. Mr. Ron Johnson, 525 Widener Lane, South Bend, Indiana, Petitioner, informed the Council that he is the owner of the property and he would like it to be rezoned in order for Mr. Joseph Rubin to locate his law office at that location. 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 either in favor of or in opposition to this bill, Council President Coleman made a motion for favorable recommendation to full Council concerning the substitute version of this bill. Councilmember Varner seconded the motion which carried. BILL NO. 21-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW ACCESSORY BUILDINGS IN "O" OFFICE Councilmember Kelly made a motion to hear the substitute version of this bill. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, informed the Council that this is an Area Plan Commission initiated bill and relates to accessory buildings in "O" Office Districts. He noted that accessory buildings existing at the time the property is zoned to "O" may remain regardless of the square footage. However, the total square footage of any new accessory building cannot cause the total square footage of all accessory buildings to exceed five hundred seventy six (576) square feet. Additionally, the height of any new accessory building shall not exceed fourteen (14) feet. Mr. Byorni noted that the County has adopted a similar ordinance. Mr. Byorni noted that the Area Plan Commission and staff sends this bill to the Council with a favorable recommendation. 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 MAY 10, 1999 There being no one present wishing to speak either in favor of or in opposition to this bill, Council President Coleman made a motion for favorable recommendation to full Council concerning the substitute version of this bill. Councilmember Aranowski seconded the motion which carried. RISE AND REPORT Council President Coleman made a motion to rise and report to full Council. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. I • - . �j/ . C'y Clerk REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, Chairpers n Committee of the Whole 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 7:30 p.m. Council President Sean Coleman presided with eight (8) members present. ORDINANCE NO. 9003 -99 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC. NO. 2, 23870 BRICK ROAD, SOUTH BEND, INDIANA This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried and this bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9004 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF W. TASHER STREET FROM THE EAST RIGHT -OF -WAY OF S. MAIN STREET TO THE WEST RIGHT -OF WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF S. MAIN STREET FOR A DISTANCE OF APPROXIMATELY 166 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN WHITCOMB & KELLER'S BEVERLY HEIGHTS ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried and this bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9005 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 8 LWE, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Kelly made a motion to consider the substitute version REGULAR MEETING MAY 10, 1999 of this bill. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried and this bill was passed with a roll call vote of eight (8) ayes. ORDINANCE NO. 9006-09 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW ACCESSORY BUILDINGS IN "O" OFFICE This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried and this bill was passed with a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 2735-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1914 AND 1920 NORTH FREMONT STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR REBECCA HARRIS 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 area commonly known as 1914 AND 1920 N. Fremont Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 1914 N. Fremont Street Lot 571 Vernon Heights 18- 2096 -3643 1920 N. Fremont Street Lot 572 Vernon Heights 18- 2096 -3639 as a Residentially Distressed Area; and WHEREAS, notice ofthe 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 area have been met. NOW, THEREFORE, BE TT 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 REGULAR MEETING MAY 10, 1999 property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: I. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: I. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area 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 REGULAR MEETING MAY 10. 1999 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 sea. 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 Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski stated that this tax abatement is for three parcels of property. A house will be built on one of these lots for Rebecca Harris. Mr. Urbanski informed the Council that thanks to tax abatement, more houses are being built. He also thanked Ms. Janet Ditmire of the Housing Assistance Program who has assisted individuals with funds to build homes. With the help of this program, individuals are being taken off Section 8 funding. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2736-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1021- 1021 %2 & 1023 -1023 %2 LINCOLN WAY WEST SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 1021 -1021 %2 & 1023 -1023 %2 LINCOLN WAY WEST SOUTH BEND, INDIANA 46628 in order to permit RESIDENTIAL LEGAL NON - CONFORMING USE TO REBUILD 100 % IN A "C" COMMERCIAL ZONE "d" HEIGHT AND AREA PROVIDING SPECIAL EXCEPTION REGULAR MEETING MAY 10, 1999 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly made a motion to hear the substitute version of this Resolution. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Pfeifer reported that the Zoning & Annexation Committee met on this Resolution and recommends it to the Council favorably. Ms. Catherine Brucker, Assistant Zoning Administrator, Building Department, 205 West Jefferson Boulevard, Suite 100, South Bend, Indiana, informed the Board that the Board of Zoning Appeals sends this bill with a favorable recommendation. She noted that this property has always been a combined residential /commercial use and is a legal non - conforming use. Mr. Robert Forrest, 1023 Lincolnway West, South Bend, Indiana, Petitioner, stated that the reason for the request is because he can only insure one -half of his property and cannot get a mortgage. He informed the Council that he needs this special exception because he needs to keep up his property. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt the substitute version of this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. REGULAR MEETING BILLS - FIRST READING MAY 10, 1999 BILL NO. 35 -99 A BILL OF THE COMMON COUNCIL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 911 GOLDEN AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. 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 May 24, 1999. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 36 -99 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 501 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 37 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHSIDE BOULEVARD AND ST. LOUIS AVENUE FORMERLY 833 NORTHSIDE BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Area Plan Commission. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 38 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 3150 BLOCK OF PRAIRIE AVENUE (S.R. #23) IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council. NEW BUSINESS Councilmember Pfeifer reminded Council members and the public that Part II of the Loitering Conference will be held on August 6, 1999 from 8:00 -11:30 a.m. at IUSB. She noted that this session will cover "solutions" and admission is free. PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council his written remarks regarding the WNDU -TV's program on "Police Brutality." Mr. Cierzniak reminded the Council that he reviews the City's expenditure approval list and particularly the self-funded liability account. He further reminded the Council that he, in the past, has submitted statistics to the news media concerning the amount of money paid out for claims against the City. He noted that the reason he is present today is because he is concerned about what he sees as an anti - police campaign 1 1 REGULAR MEETING MAY 10. 1999 throughout the country and he believes that the police are getting a bad deal which is making their already difficult and dangerous job more intolerable. Ms. Barb Brownell, 1407 Sunnymede Avenue, South Bend, Indiana, addressed the Council and indicated that she is present today to inform the Council of a loop -hole in the burning ordinance which allows outside fire pits. Ms. Brownell stated that her neighbor has an outside fire pit located on their patio and they have been burning for two (2) days straight. The smoke has filled Ms. Brownell's house and her son is experiencing breathing problems. She noted that her neighbor is not burning seasoned wood but is burning items that cause a great deal of smoke. She called both the Police and Fire Departments and they have advised that the burning pit is legal. In conclusion, Ms. Brownell stated that this is a health issue as well as a safety issue as the pit being used by her neighbor is located inches from the bottom of the wooden deck which is located ten (10) feet from her house. President Coleman informed Ms. Brownell that Councilmember Ujdak is the Chairman of the Health and Public Safety Committee and they will look into the issue. Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, informed the Council that she have a number of complaints she wishes to convey to the Council. Ms. Boaler spoke about the Y2K problem and wondered if the City is considering the animals in the zoo should a Y2K problem occur at the zoo. She also voiced her concerns about the lack of parking at the Water Works due to the construction. Additionally, Ms. Boaler stated that she agrees with Mr. Cierzniak in regards to the anti - police issue and she is sorry for Ms. Brownell's concerns about open fire pits but she intends to buy several to burn various debris. Further, Ms. Boaler stated that the Department of Code Enforcement has selective enforcement of the law and that the Animal Control is out of control. She informed the Council of her experience with her pet and Animal Control. In conclusion, Ms. Boaler stated that the City did a pitiful job in removing snow as well as leaves and Christmas trees. ADJOURNMENT There being no further business to come before the Council, President Coleman adjourned the meeting at 8:00 p.m. ATTEST: `if. Clerk L-O*i ATTEST: Sean Coleman, President