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HomeMy WebLinkAbout08-23-99 Council Meeting MinutesREGULAR MEETING AUGUST 23, 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, August 23, 1999, at 7:00 p.m. The meeting was called to order by Council President Sean Coleman and the Pledge to the Flag was given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Rod Sniadecki Sean Coleman Absent: John Hosinski 1St District 2"d District Chairperson, Committee of the Whole P District 4th District 5th District 6''' District At -Large At -Large President At -Large Vice - President REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 9, 1999 meeting of the Council and found them correct. Therefore, I recommend the same be approved. s/David Varner It is noted that Council President Sean Coleman was not in attendance at the August 9, 1999 meeting of the Council. Councilmember Kelly made a motion that the minutes of the August 9,1999 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS INTRODUCTION OF SPECIAL GUEST Council President Coleman introduced Mr. Alex Nimtz who is a member of Grace United Methodist Church and is present tonight to earn a merit badge for Boy Scouts Troop 173. COMMENDATION RESOLUTION TO EUGENIA S. SCHWARTZ RESOLUTION NO. 2781 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING AND THANKING EUGENIA S. SCHWARTZ FOR HER COUNTLESS CONTRIBUTIONS TO OUR COMMUNITY WHEREAS, since the early 1970's, the City of South Bend, Indiana, has benefitted from the many contributions made to our community by Eugenia S. Schwartz; and WHEREAS, from 1973 to 1974, Eugenia S. Schwartz served as Board President and a charter member of the Park Avenue Neighborhood Association, Inc., and has been a diligent Democratic Precinct Committee person since 1980; and WHEREAS, over the years Eugenia's dedication to volunteering her time and talent has been reflected in her serving as an active Board Member at First Unitarian Church, the United Religious Community of St. Joseph County, the South Bend Heritage Foundation, the St. Joseph County REGULAR MEETING AUGUST 23. 1999 Comprehensive Plan Advisory Committee, REAL Services of St. Joseph County, Inc., The Center for the Homeless, Inc., the Mayor's Advisory Committee on Casino Gambling, the St. Joseph County Bicycle Pedestrian Advisory Committee, and the Governance Task Force on the Healthy Communities Initiative; and WHEREAS, the Common Council proudly recalls that Eugenia S. Schwartz served as an Assistant City Attorney in the Legal Department from 1980 to 1985, and was named by Mayor Roger O. Parent as the first woman City Attorney for the City of South Bend, Indiana on March 31, 1986; and WHEREAS, since 1997, Eugenia S. Schwartz has served on the South Bend Redevelopment Commission, and since that appointment has continually gone that extra mile by attending countless Community and Economic Development Committee meetings ofthe South Bend Common Council where she gave timely updates, critical insights and learned counsel on many new developments for the betterment of our city. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. On behalf of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly and proudly thanks and commends Eugenia S. Schwartz for her countless contributions to our community as a volunteer, dedicated public servant, concerned citizen, and a very special person who many of us have been privileged to call friend. Section II. Our City is indeed a better place because of the dedication of Eugenia S. Schwartz and her many contributions in serving our community. Section III. The Common Council wishes Eugenia and her husband, Maurice, continued success, happiness, and challenges as they move to Greensboro, North Carolina. We hope that their many travels in the years ahead will bring them back to South Bend often, because they will always be welcomed here with that special warmth and kindness, which they both epitomize, and which we will all miss.... 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. 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 /John Hosinski, At Large s/Rod Sniadecki, At Large ATTEST: s/Loretta J. Duda, City Clerk s/Kathleen Cekanski - Farrand, Council Attorney s /Stephen J. Luecke, Mayor Councilmember Aranowski read the Commendation Resolution at this time with Eugenia and Maurice Schwartz present. Councilmember Aranowski stated that this is indeed a bittersweet moment and thanked Eugenia for her contributions as a fine leader in our community. A Public Hearing was held on the Resolution at this time. i I REGULAR MEETING AUGUST 23. 1999 There was no one present wishing to address the Council either in favor of or in opposition to this Resolution. Councilmembers Pfeifer, Kelly, Varner and Coleman along with City Clerk Loretta Duda thanked Ms. Schwartz for her years of service to the community as well as her friendship. Councilmember Kelly made a motion to adopt this Resolution by acclamation. Councilmember Varner seconded the motion which carried by acclamation. Ms. Schwartz addressed the Council and thanked them for the Resolution. She stated that it has been a pleasure working with the Council as well as other organizations in the community and that they will miss everyone. RISE AND REPORT Councilmember King made motion to rise and report to the full Council. Councilmember Sniadecki seconded the motion which carried. ATTEST: ATTEST: orett d City Clerk Charlotte Pfeifer, Chairp so Committee of the Whole RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember King made a motion to resolve into the Committee of the Whole. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Pfeifer presiding. BILL NO. 59 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF KEMBLE ST. FROM THE NORTH RIGHT -OF -WAY OF CALVERT ST. TO THE SOUTH RIGHT -OF -WAY OF BRUCE ST. FOR A DISTANCE OF APPROXIMATELY 204 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN KEMBLE'S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation subject to Easements granted by both parties. At this time Council Attorney Kathleen Cekanski- Farrand read a proposed amendment to Section V. of the bill as follows: Section V. This ordinance shall be in full force and effect from and after the recording of an ingress /egress easement for the property located at 919 West Calvert and an ingress /egress easement for trash removal services provided by the City of South Bend, and passage by the Common Council and approval by the Mayor. Council President Coleman made a motion to accept this amendment. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Patrick Nowak, representing Zahoran Funeral Home, 1826 South Kemble Street, South Bend, Indiana, Petitioner, made the presentation for this ordinance. ----- - - - - -- REGULAR MEETING AUGUST 23, 1999 Mr. Nowak stated that in 1981 the proposed alley to be vacated was paved at the expense of the property owners. The Zahoiran Funeral Home has since repaved and resealed the alley and have noticed an increase in traffic utilizing the alley. In 1993, in response to ADA requirements, handicapped parking was added. Mr. Nowak stated that their number one priority is safety. If this alley is closed, gates will be installed which will be retractable for trash removal and activities at the funeral home. He noted that property owners will have access when that gate is open. In conclusion, Mr. Nowak stated that they have no objections to the requirement to provide easements. 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 was no one present wishing to address the Council in support of this bill. Ms. Bridget Fordsmith, Mishawaka, Indiana, informed the Council that she has a question on behalf of her grandmother who lives at 919 West Calvert Street. Ms. Fordsmith inquired how often the gate would be in position as they park by their grandmother's garage which is off of this alley. She also inquired if they would be able to open the gate or would just the funeral home have access. Ms. Maureen Wojciechowski, 204 West IOth Street, Mishawaka, informed the Council that she is the daughter -in -law of Mrs. Cecelia Wojciechowski who resides at 919 West Calvert Street. She stated that the family is not opposed to the alley closing but noted that it will pose an inconvenience to family members due to the fact that her mother -in -law's garage faces the alley. Ms. Wojciechowski stated that her telephone calls to district Councilmember Ujdak concerning this matter were not returned. In conclusion, she stated that this alley closing will make it inconvenient for the family and inquired what will their access be when it is closed. Mr. Mike Shobrgh, 1119 Park Street SW, Grand Rapids, Michigan, informed the Council that he is the son -in -law of Mrs. Wojciechowski, inquired if the installation of the gate was going to be for the business or personal use of the funeral home. He noted that when relatives visit the best access is from Kemble Street. He stated that his concern is whether the gate will be open for holidays and parties. He noted that he doesn't believe that will be the case and they will be denied access because of the fence. Mr. William T. Ford, no address given, also a son -in -law of Mrs. Wojciechowski stated that when the neighbors have parties they end up throwing balls in his mother -in -law's yard and that is the main reason they want the alley closed off. He stated that they need to be able to get to their mother - in -law's and the alley is not a playground. In response to the concerns raised above, Mr. Nowak stated that the gate will be open during business hours 9:00 a.m. to 5:00 p.m. and in the evening when the funeral home has visitations. When there are no visitations, it will be locked and only the funeral home will have the ability to open the gates. He noted that there is full access off of Calvert Street and the gate is no where in the vicinity of Mrs. Wojciechowski's property as it will be further north. President Coleman stated that as a point of clarification he wanted to note that family members of Mrs. Wojciechowski were present at the Public Works and Property Vacation Committee meeting this afternoon and they participated in the process of agreeing to the easements. Councilmember Varner, Chairperson of the Public Works and Property Vacation Committee, noted that a son -in -law from Ohio and a daughter and her husband, as well as Mrs. Woj ciechowski and Mr. Nowak were present at the committee meeting and at that time there was an agreement reached which seemed to satisfy all parties which addressed their concerns about access from both directions as well as security. Council Attorney Kathleen Cekanski - Farrand indicated that her notes reflect that the members of the Wojciechowski family present at the afternoon committee meeting were Mary Jane Kline, Tom Wojciechowski, John Kline and Cecelia Wojciechowski. These individuals were satisfied that Mrs. Wojciechowski's interests were addressed. REGULAR MEETING AUGUST 23, 1999 Council President Coleman stated that the Easement Agreements must be signed off by both parties. The only way this vacation would not take effect is if the Easement Agreements are not signed by both parties. There being no one else present wishing to address the Council concerning this matter, - Councilmember Kelly made a motion to send this bill, as amended, to the full Council favorably. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 60 -99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF- WAY OF CUSHING STREET TO THE EAST RIGHT -OF- WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF CUSHING STREET FOR A DISTANCE OF 128 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN CUSHING AND LINDSEY'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA Councilmember Varner reported that the Public Works and Property Vacation Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Dea Andrews, Administration Manager, South Bend Heritage Foundation, 914 Lincolnway West, South Bend, Indiana, on behalf of Jeff Gibney, Executive Director, South Bend Heritage Foundation, Petitioner, made the presentation for this bill. Ms. Andrews stated that South Bend Heritage has acquired four (4) parcels of property one of which is the Blume's block which they are in the process of making into the Heritage Community Development Center. The alley which is behind this parcel is the alley in question. They own the lot behind that and want to make parking there. Ms. Andrews noted that they want control over the maintenance and improvements. They will change the ingress and egress without barriers and traffic will still be able to go through from Cushing to the north/south alley to the West of that alley. 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 full Council concerning this bill. Council President Coleman seconded the motion which carved by a voice vote of eight (8) ayes. BILL NO. 43-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1422 E. CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner noted that this bill comes to the Council without a recommendation of the Zoning and Annexation Committee due to the lack of a quorum. 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 petitioner is requesting a zone change from "C" Commercial, "D" Height and Area to "A" Residential, "A" Height and Area to allow a single family residence. The property currently contains a single family home. Access to the site is from Calvert and Vernon Streets. The total site to be rezoned is four thousand eight hundred (4,800) square feet. Mr. Byorni further stated that based on information available prior to the Area Plan Commission Public Hearing, the staff recommends that this petition be sent to the Council with a favorable recommendation. This rezoning would bring the site into conformance with the current land use and the adjacent residential neighborhood. Further, based on its Public Hearing held on July 20,1999, the Area Plan Commission sends this bill with a favorable recommendation. REGULAR MEETING AUGUST 23, 1999 Mr. Timothy Minne, 404 North Beech Road, Osceola, Indiana, Petitioner, made the presentation for this bill. Mr. Minne stated that he owns the property at 1422 East Calvert Street, South Bend, Indiana, and he has renovated the property and is offering it for sale in the sub -forty thousand dollar ($40,000) price range. Most people in that price range would like to buy FHA but FHA will not buy something zoned "C" Commercial and that is the reason for the requested zone change. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Council President Coleman seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 65-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION FIFTY THOUSAND DOLLARS ($2,050,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH Councilmember Ujdak noted that this bill comes to the Council without a recommendation of the Utilities Committee due to the lack of a quorum. Mr. Philip J. Faccennda, Jr., Barnes & Thornburg, 600 1" Source Bank Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the South Bend Water Works. Mr. Faccenda stated that this ordinance concerns the issuance of revenue bonds not to exceed two million fifty thousand dollars ($2,050,000.00) as part of a project that the water works district will be undertaking. The project consists of the second phase of improvements at the Olive Water Treatment Plant. The first phase consisted of a garage addition, roof repairs and a new furnace. The new project with is in accordance with the Water Works Master Plan will consist of the construction of a new 6,5000 square foot building that will provide weather protection for the facility which will allow it to be open for twelve months as opposed to closing for the winter. Also, the project will include six (6) additional filtration units and all associated process piping for the treatment plant which will increase the total capacity at the treatment plant to 12M gallons per day as well as reconditioning of wells located at the site. The financial advisors have concluded that there will not need to a rate increase in connection with this project. In conclusion, Mr. Faccenda advised that Mr. John Stancati anticipated being present for this presentation and to answer questions but unfortunately could not attend the meeting. 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, Council President Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember King seconded the motion which carried by a voice vote of eight (8) ayes. As a point of clarification, Councilmember Varner stated that these are revenue bonds from rates and not general obligation bonds. REGULAR MEETING AUGUST 23, 1999 RISE AND REPORT Council President Coleman made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes.. ATTEST: 'tore t J. ijufi, rty Clerk REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, Chailde4on 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 7:45 p.m. Council President Sean Coleman presided with eight (8) members present. BILLS - THIRD READING ORDINANCE NO. 9024 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF KEMBLE ST. FROM THE NORTH RIGHT -OF -WAY OF CALVERT ST. TO THE SOUTH RIGHT -OF -WAY OF BRUCE ST. FOR A DISTANCE OF APPROXIMATELY 204 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN KEMBLE' S ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Aranowski made a motion to consider the amended version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Additionally, Councilmember Aranowski made a motion to pass this bill as amended. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9025 -99 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST/WEST ALLEY NORTH OF LINCOLNWAY WEST FROM THE WEST RIGHT -OF -WAY OF CUSHING STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY WEST OF CUSHING STREET FOR A DISTANCE OF 128 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN CUSHING AND LINDSEY'S SUB., CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. ORDINANCE NO. 9026 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1422 E. CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA REGULAR MEETING AUGUST 23, 1999 This bill had third reading. Councilmember Varner 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. ORDINANCE NO. 9027-99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED TWO MILLION FIFTY THOUSAND DOLLARS ($2,050,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes. RESOLUTIONS RESOLUTION NO. 2782-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1702 SOUTH ROBINSON STREET, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR BAMAR PLASTICS, 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 1710 Robinson Street and which is more particularly described as follows: Lots 14 thru 18 Robinsons 2nd add & 1.87 AC tract N & AJ & all being pt of Henry Leers partition Lot 4 and which has Key Number 18 7078 2838, 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. REGULAR MEETING AUGUST 23, 1999 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 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 /Sean Coleman Member of the Common Council Mr. Kevin Latislaw, 1702 South Robinson Street, South Bend, Indiana, made the presentation for this Resolution on behalf of Bamar Plastics, Inc. Mr. Latislaw thanked the Council for their consideration of this Resolution. Bamar will create a minimum of six (6) new j obs which will represent one hundred sixty thousand dollars ( $160,000.00) in added revenue to their payroll. Approximately three hundred eighty -seven thousand dollars ($387,000.00) will be spent on the purchase of new equipment that will enable them to continue to grow and supply the companies they are in contract with. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address 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. 2783-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3915 RIVERSIDE DRIVE, RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR BRYON AND HEATHER STAMETS 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 3915 Riverside Drive, South Bend, Indiana, and which are more particularly described as follows: Lot 284 Riverside, Riverside Manor Second and Third Addition First Replat Lot B and which has Tax Key Number 25- 1011 -0456, 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. REGULAR MEETING AUGUST 23, 1999 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 1I. 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 of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 1 1 1 REGULAR MEETING AUGUST 23, 1999 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 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 seq. 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. Bryon Stamets, 1007 Clover Road, South Bend, Indiana, made the presentation for this Resolution. Mr. Stamets stated that he would appreciate the Council's consideration of this Resolution. He stated that this Resolution gives them the ability to acquire this property. He noted that they plan to build a one -story one - family ranch house and part of their consideration was that they could get the five (5) year tax abatement. He noted that they are pleased to be able to build in this area and appreciated the Council's passage of this Resolution. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski 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. 2784 -99 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 418 W. JEFFERSON BOULEVARD, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR 418 WEST JEFFERSON, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana requesting that the area commonly known as 418 W. Jefferson Boulevard, South Bend, Indiana, and which is more particularly described as follows: LOTS #9 AND 10, VAILS BLOCK 4 and which has Key Number 18- 3011 -0380, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., 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 an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et. seq., 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 REGULAR MEETING AUGUST 23, 1999 WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et. seg., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed of whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality ofbenefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petitioner for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of three (3) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. REGULAR MEETING AUGUST 23, 1999 SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. John Fredlake, 3555 Park Place West, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Fredlake stated that 418 West Jefferson Boulevard, Inc. will be a real estate holding company which will lease the property at 418 West Jefferson Boulevard to Schmanski & Co., CPA's. Extensive renovations will be made both internally and externally which include a new roof, heating units, carpeting as well as resurfacing of the parking lot. The total cost of these improvements will exceed two hundred thousand dollars ($200,000.00). Schmanski & Company, currently located in Edison Lakes, is running out of space and they need this new space for future growth. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2785 -99 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 1005 QUEEN STREET, AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEBRA TURNER WHEREAS, a Statement of Benefits and apetition 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 1005 Queen Street, South Bend, Indiana, and which is more particularly described as follows: LOT 152 3RD PLAT OF NW ADD LOT 150 & 151 and which has tax Key Number 18- 2167 -6144, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., 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 seq., 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. REGULAR MEETING AUGUST 23, 1999 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: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject to an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. i 1 1 REGULAR MEETING AUGUST 23, 1999 SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community & Economic Development Committee met on this Resolution and sends it to the Council with a favorable recommendation. Mr. Harry Laci, 704 East Corby, South Bend, Indiana, made the presentation on behalf of his wife, Debra Turner. Mr. Laci stated that the property at 1005 Queen Street, was purchased at a tax sale and is not currently serviced by city utilities. They plan to construct a two -story three (3) bedroom house at a cost of seventy -seven thousand dollars ($77,000.00). Mr. Laci asked for the Council's approval so they can go forward. A Public Hearing was held on the Resolution at this time. There being no one present wishing to address the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski 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. BILLS - FIRST READING BILL NO. 66 -99 FIRST READING ON A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 701 E. PENNSYLVANIA AVENUE AND RESCINDING ORDINANCE NO. 6608 -79 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Zoning REGULAR MEETING AUGUST 23, 1999 and Annexation Committee and set it for Public Hearing and Third Reading on September 14, 1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 67 -99 FIRST READING ON A BILL AUTHORIZING THE ISSUANCE AND SALE OF AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ONE MILLION FOUR HUNDRED NINETY -FIVE THOUSAND DOLLARS ($1,495,000) OF CITY OF SOUTH BEND, INDIANA ADJUSTABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 1999 (DYNAMIC R.E.H.C., INC. PROJECT); DESIGNATING THE BONDS AS LIMITED OBLIGATIONS OF THE CITY; APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, THE TRUST INDENTURE, LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE ISSUANCE AND SALE OF THE BONDS; AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on September 14, 1999. Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes.. UNFINISHED BUSINESS REPORTS FROM THE AREA PLAN COMMISSION Councilmember King made a motion that the following Bill Nos. 48-90,53-99 and 56 -99 be referred to the Zoning and Annexation Committee and be set for Public Hearing and Third Reading on September 27, 1999. Councilmember Ujdak seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 48-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, IN THE CITY OF SOUTH BEND, INDIANA 2. BILL NO. 53 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LA SALLE AVE. AND NOTRE DAME AVE., IN THE CITY OF SOUTH BEND, INDIANA 3. BILL NO. 56 -99 A BILL AMENDING CHAPTER 21, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED VEHICLES IN "A" RESIDENTIAL USE DISTRICTS IN THE CITY OF SOUTH BEND, INDIANA Additionally, Councilmember Kelly made a motion that the following Bill Nos. 54 -99 and 57 -99 be referred to the Zoning and Annexation Committee and be set for Public Hearing and Third Reading on September 14, 1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of eight (8) ayes. 1 1 REGULAR MEETING AUGUST 23, 1999 4. BILL NO. 54 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET IN THE CITY OF SOUTH BEND, INDIANA 5. BILL NO. 57-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 8, (SUBDIVISIONS), SECTION 21 -135 DEFINITIONS, OF THE SOUTH BEND MUNICIPAL CODE TO ADD A DEFINITION OF LOT OF RECORD Finally, Council President Coleman noted that the following Bill No. 55 -99 was withdrawn at the request of the Petitioner. 6. BILL NO. 55 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 E. COLFAX AVE., IN THE CITY OF SOUTH BEND, INDIANA, 46617 SPECIAL MEETING OF THE COUNCIL AND CHANGE OF REGULAR MEETING Council President Coleman reminded everyone that there would be a Special Meeting of the Council on Monday, August 30, 1999, at 5:00 p.m. in the Council Chambers for the first reading of the 2000 budget. Additionally, President Coleman noted that the regular meeting of the Council scheduled for September 13, 1999 has been changed to Tuesday, September 14, 1999 at 5:00 p.m. in the Council Chambers. PERSONNEL & FINANCE COMMITTEE MEETINGS TO REVIEW 2000 BUDGET Councilmember Aranowski advised that the Personnel and Finance Committee will be conducting meetings beginning at 3:00 p.m. from August 30, 1999 through September 17, 1999 to review the 2000 budget with various City departments. The complete detailed meeting schedule is available in the City Clerk's office. DISREPAIR OF DOWNTOWN SIDEWALKS Councilmember Varner stated that he has observed that there are numerous sidewalks in the downtown area that are in disrepair. He noted that in light of the fact that the Indiana Association of Cities and Towns will be conducting their annual conference in South Bend the week of September 13, 1999, it would be nice if the Public Works Department could be notified and the sidewalks could be repaired before the conference. Council Attorney Kathleen Cekanski - Farrand advised that she will draft the appropriate letter. NEW Y2K INFORMATION ADDED TO CITY'S WEB PAGE Councilperson King advised that pages have been added to the City's web page which address the Y2K problem. He noted that information is available to advise homeowners as well as businesses in how to handle the potential Y2K problem. Councilmember King noted that there will be many links available to other web sites concerning the Y2K problem as well as giving individuals the ability to send e -mail to the City. NEW BUSINESS There was no new business to come before the Council. REGULAR MEETING AUGUST 23. 1999 PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, submitted to the Council a report reflecting the attendance, admission receipts, average price of admission and marketing costs for the College Football Hall of Fame for the years 1995 through June of 1999. Mr. Cierzniak advised the Council that he received a call from the Wall Street Journal and he has submitted to them some numbers for the Hall of Fame. The article should appear on either Tuesday or Friday of this week. Mr. Cierzniak challenged Councilmembers Kelly and Coleman who originally voted for the bond issue for the Hall of Fame to be tough minded toward the Hall of Fame in the future. Mr. Ken Donnelly, 55657 Fairview, South Bend, Indiana, addressed the Council regarding several matters including the difficulty in restoring a drivers license once it has been physically lost, the new Religious Liberties Act of 1999 which could affect municipal licensing and the requirement of asking for the social security numbers of applicants and his thoughts on the Hall of Fame including his recommendation that the exhibits be change periodically. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:15 p.m. ATTEST: 1�oretta J u a, ity Jerk ATTEST: Sean Coleman, President 1 1 1