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HomeMy WebLinkAbout09-14-99 Council Meeting MinutesREGULAR MEETING SEPTEMBER 14. 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 Tuesday, September 14,1999, at 5:00 p.m. The meeting was called to order by Council President Sean Coleman and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Roland Kelly David Varner Andrew Uj dak Rod Sniadecki Sean Coleman John Hosinski Absent: Karl King Charlotte Pfeifer 1" District 3rd District 5"' District 6'h District At -Large At -Large President At -Large Vice - President 4d' District 2nd District Chairperson, Committee of the Whole 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 23, 1999 and August 30, 1999 meetings of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Councilmember Kelly made a motion that the minutes of the August 23, 1999 and August 30, 1999, meetings of the Council be accepted and placed on file. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. SPECIAL BUSINESS APPOINTMENT TO SOUTH BEND REDEVELOPMENT COMMISSION Council President Coleman advised that the Community and Economic Development Committee has recommended an individual for appointment to the Redevelopment Commission and he is pleased to appoint Ms. Marcia Jones as one (1) of the two (2) appointments the Council makes to the Redevelopment Commission. President Coleman noted that Ms. Jones joins Mr. Bob Hunt, another Council appointment, on that Commission. Ms. Jones was present and advised that she has lived in South Bend since 1961 and has worked in downtown South Bend at IBM and Crowe Chizek. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 5:05.m. Councilmember Ujdak made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Vice - President Hosinski presiding in the absence of Councilmember Pfeifer. BILL NO. 41-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR THE PROPERTIES LOCATED BETWEEN SAMPLE AND TUTT STREETS AND FROM MAIN STREET WEST TO THE FIRST NORTH -SOUTH ALLEY WEST OF MAIN STREET REGULAR MEETING SEPTEMBER 14, 1999 Council President Coleman made a motion that this bill be continued until the December 13, 1999 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. 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 Council President Coleman made a motion to hear the substitute version of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) 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 petitioner is requesting a zone change from "A" Residential and "D" Light Industrial, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow an additional radio communications tower and expansion of existing related facilities. Mr. Byorni noted that the property currently contains a communications tower. Located to the north, east and south is vacant land and to the west are baseball diamonds. Access to the site is from Keller Street. The total site to be rezoned is thirty thousand two hundred thirty -eight (30,238) square feet of which the buildings will occupy six per cent (6 %) of the site, the parking and drives will occupy twenty -one per cent (21 %) and seventy -three per cent (73 %) of the site will remain as open space. The City Engineer noted that Keller Street is privately built and maintained and that the petitioner should work with the Little League to pay for and maintain the street. In conclusion, Mr. Byorni _ stated that based on information available prior to the public hearing, the Area Plan Commission staff recommends that this petition be sent to the Council with a favorable recommendation. Additionally, based on its Public Hearing held on August 17,1999, the Area Plan Commission sends this petition to the Council with a favorable recommendation. Ms. Jacqueline L. Horvath, Horvath Communications, Inc., 814 Marietta Street, South Bend, Indiana, made the presentation for this bill. Ms. Horvath stated that her company currently has a tower on this site and in order to accommodate three (3) to four (4) new carriers which they hope to acquire, they need new towers to handle that additional business. She noted that the towers will be below two hundred (200) feet and will be unmanned. 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 Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner inquired if an agreement between the Little League and the petitioner should be a stipulation of approval of this request for rezoning. Ms. Horvath advised the Council that she has spoken to Mr. David Coker who is the owner of the property and he has asked for a contribution to the Little League to which she has agreed. 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 Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, made the presentation for this bill. REGULAR MEETING SEPTEMBER 14, 1999 Mr. Byorni advised that this bill is Area Plan Commission initiated to add a definition of lot of record to the City subdivision ordinanice. The Area Plan Commission, at its Public Hearing held on August 17, 1999, sends this bill with a favorable recommendation. Mr. Byorni stated that in the past numerous illegal splits were created in the City. This amendment would define what lots are legal including lots with existing buildings. A similar amendment has been passed in the County. He noted that in the past the City was not always consistent in issuing building permits and a number of structures were granted permits without having legal lots. This happened in the 1960's and early 1970's. As the properties have sold, the title companies and the mortgage companies are very concerned with lending money for property on which technically the buildings cannot be rebuilt. These people have had to go through the subdivision process in order to create a legal lot of record. This is a hardship on the people who are buying the lot or selling the lot who had no part in creating this illegal situation. After working with the Building Commissioner, local surveyors and local mortgage companies, the County amended their ordinance to provide for grandfathering of these lots in and the Area Plan Commission is now doing the same thing for the City. Mr. Byorni further stated that this amendment sets out various dates that the Building Department has been using in establishing lots that are legal that don't have structures on them and putting them in an ordinance form so they have something firm to fall back on. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 66-00 A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 701 E. PENNSYLVANIA AVENUE AND RESCINDING ORDINANCE NO. 6608 -79 Mr. J. Edward Talley, Director, Historic Preservation Commission, 227 West Jefferson Boulevard, Room 1123, South Bend, Indiana, made the presentation for this bill. Mr. Talley noted that on July 23, 1979, the Council approved Ordinance No. 6608 -79 which established the 'real estate known as the Martin and Christina Wegner House located at 701 East Pennsylvania Avenue as a historic landmark. This real estate was described legally as Lot 226 Wegner Homestead. At this time, the HPC is asking that Ordinance No. 6608 -79 be rescinded and replaced with the bill submitted at this time to correct the legal description of the originally designated landmark. 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 Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 67-09 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 REGULAR MEETING SEPTEMBER 14, 1999 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 Councilmember Ujdak made a motion to hear the substitute version of this bill. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Hosinski noted that he will recuse himself from voting on this bill as his law firm has represented one of the parties involved in this matter. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, 600 1St Source Bank Center, 100 North Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of Dynamic R.E.H.C., Inc. Mr. Faccenda noted that Mr. Jack Frepan of Dynamic Industries, Inc. was present as well. Mr. Faccenda noted that this is a one million four hundred ninety -five thousand dollar ($1,495,000.00) dollar bond issue. It is an Industrial Revenue Bond and there will be no liability to the City. The City is the issuer of the bond. The project consists of the acquisition of land and construction of a fifty thousand (50,000) square foot facility in the U.S. 31 Industrial Park that will serve as a machine shop and will manufacture machine tool components. 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 Aranowski seconded the motion which carried by a voice vote of six (6) ayes, with Councilmember Hosinski recusing himself from voting on this matter. BILL NO. 71 -99 A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2000 BILL NO. 72-99 A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT REGULAR MEETING SEPTEMBER 14. 1999 BILL NO. 73-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31, 2000, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT Mayor Stephen Luecke inquired of the Council if the above referenced three (3) bills could be combined for Public Hearing purposes. After discussion, and opinion by legal counsel City Attorney John Broden that the matter was up to the Council discretion, Councilmember Kelly made a motion to combine the above bills for the purpose of Public Hearing. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. Mayor Stephen Luecke made the presentation for these bills. Mayor Luecke stated that the three (3) bills presented today for consideration represent the operating budget for the City of South Bend for the year 2000. Mayor Luecke thanked City Controller and Department heads for their hard work on this budget as well as the Common Council for their attention to the details of the budget. He noted that the Council has already spent approximately seventeen (17) hours in committee meetings reviewing this budget. Mayor Luecke noted that this budget is an operating budget that shows expenditures of approximately one hundred nineteen million dollars ($119,000,000.00) for day to day operations as well as debt service. It does not include a new capital budget which will be presented early in February 2000. The proposed budget assumes the maximum allowable five per cent (5 %) increase in Property Tax revenue for the City. The funds receiving property tax revenue include the General Fund, Parks Department, Police Pension, Fire Pension and Cumulative Capital Development Fund. This levy will be reviewed in early October and an adjustment will be made to reflect the approved amount of total levy per state statutes. Property taxes fund seventy -six per cent (76 %) of the operation of the general fund but only forty -one per cent (41 %) of total expenditures. The budget reflects no growth in supplies with a two per cent (2 %) increase otherwise. Some of the unusual expenditures include an expenditure of one hundred thirty thousand dollars ($130,000.00) for the rehabilitation of the elevators in the County -City Building as the City's contribution, a ninety thousand dollars ($90,000.00) increase in operating costs for the Morris Performing Arts Conter which is scheduled to open in January 2000, and seventy -six thousand dollars ($76,000.00) for the Fire Department for additional personnel costs incurred as the result of contracts with various community medical providers. Mayor Luecke stated that the Self- Insurance Employee Benefit Fund had a very difficult year in 1998 with regards to claims expenditures. This high claim experience along with a "catch -up" period on behalf of the City's third party administrator during 1998 resulted in approximately $1.2 million dollars of health insurance claims paid in excess of the original $3.8 million dollar budget. Additionally, the City's Police and Fire Pension Funds continue to experience funding shortfalls as a result of the increasing number of retirees that are receiving pension benefits coupled with the base pay increased for the Police and Firefighters on which the pension payments are determined. Also, five (5) funds are not balanced for the year and these funds will need to rely on existing fund cash balances to support the projected 2000 deficiency. Those funds include the Motor Vehicle Highway, Street Department, Human Rights, HUD, Police and Fire Pension Funds and Project Releaf Fund. REGULAR MEETING SEPTEMBER 14, 1999 The College Football Hall of Fame will receive six hundred thousand dollars ($600,000.00) in funding from the South Bend Tax Incremental Financing Fund. Mayor Luecke noted that TIF funds will be utilized in the year 2000 and in the next year a tax levy, initiated by the Redevelopment Commission, will be put in place to meet the Hall's obligations. Auto excise taxes reflect a significant increase of five hundred eighty -five thousand two hundred _ thirty -seven dollars ($585,237.00) for the General Fund. Payment in Lieu of Taxes, paid by Water Works and Sewage Works, also reflect sizeable increases of three hundred six thousand six hundred twenty -eight dollars ( $306,628) due to increased net book value of its property. Additionally, one other major source of revenue new to the General Fund in 2000 is approximately five hundred thousand dollars ($500,000.00) in fees collected by the Fire Department /EMS in connection with contracts with Memorial Hospital for neo -natal services, St. Joseph Medical Center for critical care transportation and the University of Notre Dame for miscellaneous services. Salary increases in 2000 for personnel include a 6.0% increase for all Police Officers, 5.74% for Firefighters, 3.5% for Teamsters and 3.5% for non - bargaining employees. Additionally the budget reflects additional personnel for the Department of Code Enforcement, Street Department, Park Department and two (2) new positions for the City's GIS system scheduled for 2000. Also included in the budget are costs that will be incurred as a result of the opening of the Kennedy Water Playground and the Leighton Plaza Garage. In conclusion, Mayor Luecke stated that the budget reflects one hundred nineteen million dollars ($119,000,000.00) in basic City services with a one hundred and thirteen million dollars (113,000,000.00) in revenue, with the difference being for the capital budget which will be submitted in early 2000. This being the time heretofore set for the Public Hearing on the above bills, proponents and opponents were given an opportunity to be heard. Ms. Joyce Boaler, 1606 Hillsdale Road, South Bend, Indiana, spoke in opposition to the above referenced bills. She noted that she has no objections to any increases for the Police and Fire Departments but is against additional funding for the College Football Hall of Fame and is concerned that the Park Department is not yet Y2K compliant at the zoo. Mr. Steven E. Bradley, 714 East Indiana, South Bend, Indiana, spoke against additional funding for the College Football Hall of Fame until the National Football Foundation matches the City's funding. Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, spoke against additional funding for the College Football Hall of Fame and called for accountability by the individuals who previously were involved with the funding of the Hall. Mr. Thomas Zmyslo, 25669 Brick Road, South Bend, Indiana, stated that even though he does not live in the City, he does have a business located in the City and he is against further funding for the Hall of Fame. Mr. Zmyslo suggested that the Studebaker Museum could be relocated to the Hall of Fame building. Mr. Zmyslo also stated that this money could be better spent on sewers, curbs and streets. In response to the comments made against the budget, Mayor Luecke stated that he appreciates the comments and suggestions. He noted that the City has worked very hard to raise dollars outside of tax dollars to finance the Hall of Fame. He further noted that the City does not have a specific dollar contribution for the operating of the Hall from the NFF as they will be meeting in October. In the past, the Hall of Fame budget was not presented to the Council until after the NFF conducted their meeting in October. This year, however, the Hall of Fame budget has been included in the City's budget at this time. Council President Coleman stated that the Council will continue to deliberate and work with the REGULAR MEETING SEPTEMBER 14, 1999 administration on the budget. Therefore, these bills will be continued in the Council portion of the Public Hearing until the next regular meeting scheduled for September 27, 1999. He noted that on that date the Council will discuss the budget and have third reading on the bills. He further noted that the matter is continued in the Council portion because the Council would not otherwise have the opportunity to discuss the budget at third reading. Therefore, Council President Coleman made a motion to continue Bill No. 71 -99, in the Council portion of the Public Hearing, until September 27, 1999. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Additionally, Council President Coleman made a motion to continue Bill No. 72 -99, in the Council portion of the Public Hearing, until September 27,1999. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Finally, Council President Coleman made a motion to continue Bill No. 73 -99, in the Council portion of the Public Hearing, until September 27,1999. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Aranowski noted that the Personnel and Finance Committee will continue to meet this week for budget review with several City departments. 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 seven (7) ayes. ATTEST: n oretta J ud , ity Jerk John A cti t REGULAR MEETING RECONVENED Chairperson ttee of the Whole a 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 6:05 p.m. Council President Sean Coleman presided with seven (7) members present. BILLS - THIRD READING ORDINANCE NO. 9028 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Hosinski made a motion to consider the substitute verison of this bill. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. 1 1 1 REGULAR MEETING SEPTEMBER 14, 1999 Councilmember Kelly made a motion to pass this bill. Councilmember Varner seconded the motion which carried and this bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9029-99 AN ORDINANCE 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 This bill had third reading. Councilmember Kelly made a motion to pass this bill. Councilmember Hosinski seconded the motion which carried and the bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9030 -99 AN ORDINANCE 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 third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Hosinski seconded the motion which carried and the bill passed by a roll call vote of seven (7) ayes. ORDINANCE NO. 9031-99 AN ORDINANCE 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 third reading. Councilmember Hosinski made a motion to consider the substitute verison of this bill. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Hosinski made a motion to pass this bill. Councilmember Aranowski seconded the motion which carried and this bill passed by a roll call vote of seven (7) ayes. RESOLUTIONS RESOLUTION NO. 2786 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 418 W. REGULAR MEETING SEPTEMBER 14, 1999 JEFFERSON BOULEVARD, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR 418 WEST JEFFERSON 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 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, 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 apublic 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 Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of three (3) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et. seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s /Sean Coleman Member of the Common Council Mr. John Fredlake, 3555 Park Place West, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Fredlake stated that 418 West Jefferson Boulevard, Inc. is a "real estate holding company that will be leasing the property at 418 West Jefferson Boulevard to Schmanski & Co., CPA's. He noted that extensive renovations are being made which include a new roof, heating units, carpeting as well as resurfacing of the parking lot at a cost of approximately two hundred thirty thousand dollars ($230,000.00). This new space is needed to provide for the future growth of Schmanski & Company which is currently in Mishawaka, Indiana. A Public Hearing was held on the Resolution at this time. 1 REGULAR MEETING SEPTEMBER 14, 1999 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 seven (7) ayes. RESOLUTION NO. 2787 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY. KNOWN AS 1005 QUEEN STREET A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DEBRA TURNER 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 1005 Queen Street, South Bend, Indiana, and which are more particularly described as follows: LOT 152,3" PLAT OF NW ADD LOT 150 & 151 and which has tax Key Number 18- 2167 -6144, as a Residentially Distressed 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 a residentially distressed 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 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 seq., 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 REGULAR MEETING SEPTEMBER 14, 1999 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. 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 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 Ms. Debra Turner, 704 East Corby Boulevard, South Bend, Indiana, made the presentation for this Resolution. Ms. Turner advised that she purchased the property at 1005 Queen Street and is planning on building a three (3) bedroom, two (2) story house at this location. 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 Hosinski made a motion to adopt this Resolution. Councilmember REGULAR MEETING SEPTEMBER 14, 1999 Sniadecki seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes. BILLS - FIRST READING BILL NO. 68 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR PROPERTY LOCATED AT 1240 WEST THOMAS STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 27, 1999. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 69 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1253 DIAMOND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 27, 1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 70 -99 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 614 NORTH SHERMAN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on September 27, 1999. Councilmember Varner seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 76-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING ACCOUNT NO. IN SOLID WASTE OPERATIONS FUND (FUND NO. 610) AND RESCINDING ORDINANCE NO. 8996 -99 This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Utilities Committee and set it for Public Hearing and Third Reading on September 27,1999. Councilmember Sniadecki seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 77 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON CALVERT STREET BETWEEN KALEY AND NEW ENERGY DRIVE This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Area Plan Commission. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. REGULAR MEETING SEPTEMBER 14. 1999 BILL NO. 78 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2323 W. EWING IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 79 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, IN This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Aranowski seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 80 -99 A BILL AMENDING CHAPTER 20, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PROHIBITING THE PARKING OF TRUCKS WITHIN FIFTY (50) FEET OF ANY STOP SIGN IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Public Works and Property Vacation Committee and the Health and Public Safety Committee and set it for Public Hearing and Third Reading on September 27, 1999. Councilmember Varner seconded the motion which carried by a voice vote of six (6) ayes and one (1) nay vote by Councilmember Hosinski. UNFINISHED BUSINESS PERSONNEL AND FINANCE COMMITTEE MEETING Councilmember Aranowski reminded members of the Council that the Personnel and Finance Committee will continue its budget review on Thursday, September 16, 1999 at 3:00 p.m. MEETING WITH STATE LEGISLATORS President Coleman asked members of the Council to consult their calendars in order that the Council can schedule a meeting with state legislators to review legislation. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR Mr. Dan Lane, 299 East LaSalle, South Bend, Indiana, on behalf of the St. Joseph Valley Project Fair Wage Campaign addressed the Council. Mr. Lane stated that it has been six (6) montlis since the Council adopted a Resolution which would set -up a committee to review the Fair Wage issue. REGULAR MEETING SEPTEMBER 14, 1999 He noted that he is unhappy with the communication on this matter. He noted that he would like some kind of comment on the status of this committee. President Coleman apologized to Mr. Lane for not previously communicating with him and stated that it is his understanding from the Mayor's office that the committee selection is very near and that the Mayor expects to call the committee together sometime within the next two (2) weeks. President Coleman stated that he will be happy to follow -up on this matter and provide confirmation to Mr. Lane. Councilmember Varner advised that names of potential committee members were solicited and the Mayor has been in contact with individuals to serve on this committee but to his knowledge the selection process is not yet finished. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 6:20 p.m. ATTEST: Loretta YD D , Ci Cler ATTEST: Sean Coleman, President :