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HomeMy WebLinkAbout11-09-98 Council Meeting MinutesREGULAR MEETING NOVEMBER 9,1998 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, November 9, 1998, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Aranowski, Pfeifer, Varner, Ujdak, - Coleman, Hosinski and Sniadecki Absent: Council Member Kelly 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 October 26, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman /s/ David Varner Council Member Hosinski made a motion that the minutes of the October 26, meeting be accepted and placed on file, seconded by Council Member Aranowski. The motion carried. SPECIAL BUSINESS Council President Coleman welcomed Boy Scout Troop 451 from Christ the King. RESOLUTION NO. 2689 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JOHN BRODEN FOR HIS DEDICATED YEARS OF SERVICE AS THE FOURTH DISTRICT COUNCIL MEMBER Whereas, the Common Council of the City of South Bend, Indiana, proudly acknowledges that on the 19th day of October, 1998, John Broden was officially appointed as the City Attorney for the City of South Bend; and Whereas, John Broden brought to the Council his experience and insights as a former Assistant City Attorney and his family's long standing commitment to good government and compassion for the people government serves; and Whereas, John Broden championed neighborhood improvements as safety in the 4th District and illustrated by curb improvements on Bissell and Chalfant Streets, enhanced neighborhood watch programs in Eastgate and the Northshore Triangle, protecting against neighborhood flooding and by his work, as a member of the Neighborhood Housing Services and the Northeast Neighborhood Board of Directors; and Whereas, Council Member Broden served the Council conscientiously in his capacity as Chairperson of the Parks and Recreation Committee where he meticulously oversaw the budget process; and Whereas, Council Member Broden ably represented the Common Council as a member of the Business Development Corporation helping to create new opportunities for business in South Bend and as a member of the Solid Waste Management District Board where historic action was taken to provide curbside recycling to residents of the City of South Bend and St. Joseph County; and Whereas, Council Member Broden fought for economic development residential growth and the redistribution and enhancement of REGULAR MEETING NOVEMBER 9,1998 revenue sources for the City of South Bend to help insure our long term stability; and Whereas, it is sincerely believed that the Common Council of the City of South Bend has lost a young, dedicated and hard - working public servant, but that the City Administration has gained a City Attorney who will proudly serve our community. Now, therefore be it resolved by the Common Council of the City of South bend, Indiana, as follows: Section I. On behalf of all of the residents of the City of South Bend, Indiana, the south Bend Common Council thanks and commends JOHN BRODEN for his close to three (3) years of dedicated service to our city as the 4th District Council Member. Section II. The Common Council will miss John's light hearted humor and his sense of enteral optimism as evidenced by his life long support of the Chicago Cubs. Section III. The Common Council wishes John & his wife Jo the very best as John continues to work for the betterment of South Bend through his work as City Attorney. 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. James Aranowski, First District David Varner, Fifth District Charlotte Pfeifer, Second District Andrew Ujdak, Sixth District Roland Kelly, Third District Sean Coleman, At Large John Broden, Fourth District John Hosinski, At Large ATTEST: Rod Sniadecki, At Large Loretta Duda, City Clerk Stephen J. Luecke, Mayor Kathleen Cekanski - Farrand, Council Attorney A public hearing was held on the resolution at this time. Council Member Aranowski read the resolution and presented it to John Broden. Council Member Hosinski made a motion to adopt the resolution by acclamation, seconded by Council Member Sniadecki. City Attorney, John Broden, thanked the Council for the resolution. Council President Coleman announced that the Council has two appointments to the Redevelopment Commission as of the first of the year. He advised that Bob Hunt had asked for reappointment, and Eugenia Schwartz will be submitting a letter requesting the same. However, any one interested should let the Council know. He also advised that we have an appointment to the Human Rights Commission. He advised that the appointments to the Redevelopment Commission will be made on December 14. Council President Coleman announced there will be only one meeting in December, it will be held on December 14. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Aranowski. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South 1 1 1 REGULAR MEETING NOVEMBER 9,1998 Bend met in the Committee of -the Whole at 7:24 p.m. with seven members present. Chairman pro tem Pfeifer presiding. BILL NO. 77 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED) -- This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the Council favorable. Bill Owen, President of Bosh Design Group, Inc., made the presentation for the bill. He indicated he was representing Redevelopment in the vacation of this public right -of -way. He advised that the purpose of the vacations is to provide utility easements on Homeland Addition alleys and streets. Mike Urbanski, 17874 St. Road 23, indicated the the City's engineering department has asked that we vacate the alleys in any areas where we can. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 60 -98 A BILL AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, AS AMENDED OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA, FOR 712 NORTH NILES AVENUE, SOUTH BEND, INDIANA FOR MADISON CENTER, INC. Council Member Coleman made a motion to withdraw this bill, at the request of the petitioner, seconded by Council Member Varner. The motion carried. BILL NO. 35 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A TAYLOR'S FIELD HISTORIC PRESERVATION DISTRICT This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that this bill had no recommendation from the Zoning and Annexation Committee, due to a lack of a quorum. He advised that Area Plan was in favor of this bill and there were no opponents. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He advised they have been working on this district since 1979, but we have reduce the area to Carroll and St. Joseph streets, omitted the empty lots. He informed the Council that this area was developed in 1890; the houses are mostly all of wood construction in Queen Anne style. He reported that the Commission recommends this area be designated an Historic District. Jim Voll, Area Plan, reported that the Area Plan Commission sends this to Council with a favorable recommendation. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council member Sniadecki. The motion carried. BILL NO. 78 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 127 AND 129 FRANKLIN PLACE AND 407 AND 409 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that this bill had no recommendation from the Zoning and Annexation Committee, due to a lack of a quorum. John Oxian, president of the Historic Preservation Commission, made the presentation for the bill. He indicated this was an unusual landmark since they do not usually make three houses into one landmark. He reported that these three houses are next to the central business district, and they TING NOVEMBER 9.1998 have rankings of 9, 10, and 11. The Commission asks that all three houses be declared an historic landmark. Council Member Ropippki made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion Carried. BILL NO. 80 -98 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT S -W CORNER OF LINDEN AND SHERIDAN IN THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that this bill had no recommendation from the Zoning and Annexation Committee, due to a lack of a quorum. Jim Voll, Area Plan, advised that the petitioner was requesting that this property be zoned "A residential to allow a single family residence. He advised that the Area Plan Commission sends this petition to the Council with # favorable recommendation. Marie Smith 1518 N. Sheridan, indicated she was representing Bernice Billingsley the petitioner, made the presentation for the bill. She reported that the petitioner wants this property rezoned in order to sell it4 Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. Top Motion carried. 01�; PO, 81 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 232 LAPORTE AVENUE, IN THE CITY OF SOUTH BEND, INDIANA Co4pctj. Member Coleman made a motion to withdraw this bill, at tpp rognest of the petitioner, seconded by Council Member FQ- p$nski. The motion carried. DIL� 110. 89 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8828 -97 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998 Thts being the time heretofore set for public hearing on the #hove bill proponents and opponents were given an opportunity to ae bpard. Council Member Varner reported that the Personnel and Fipapo# Committee had met on this bill and recommends this bill to the Council favorable. Lew Powell, director of Public Works, madq the presentation for the bill. He indicated the reason for the amendment to our budget is to meet requirements of the State board of Tax Commission, due to a decrease in State gasoline tax Otatribution. Council Member Hosinski made a motion to recommend thts pill to the Council favorable, seconded by Council Member Coleman, The motion carried. UJI& 110. 90 -98 A BILL.OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A PURCHASING AGENCY FOR THE CITY OF SOUTH BEND, INDIANA This being the time heretofore set for public hearing on the Above bill, proponents and opponents were given an opportunity to be heard. Council Member Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Michelle Engel, representing the Legal Department, made the presentation for the bill. She advised that the purchasing statute has been repealed, and this is the reason Or this bill.. She informed the Council that the purchasing agent for the City will be the Mayor. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by.Council Member Sniadecki. The motion carried. Council Member Coleman made a motion to rise and report to the ,Council, seconded by Council Member Hosinski. The motion 1 1 REGULAR MEETING NOVEMBER 9,1998 carried. ATTEST: ATTEST: City Clerk Chairman, pro tem REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:45 p.m. Council President Coleman presiding, and seven members present. BILLS, THIRD READING ORDINANCE NO. 8951 -98 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: SIX ALLEYS AND THREE STREETS IN HOMELAND 3RD ADDITION AND RICHLAND 2ND ADDITION (PT. VACATED) This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Sniadecki. The bill passed by a roll call vote of six ayes (Council Member Hosinski was not in the chambers. ORDINANCE NO. 8952 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A TAYLOR'S FIELD HISTORIC PRESERVATION DISTRICT This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8953 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 127 AND 129 FRANKLIN PLACE AND 407 AND 409 WEST JEFFERSON BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Varner. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8954 -98 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT S- W CORNER OF LINDEN AND SHERIDAN IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8955 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8828 -97 TO DECREASE THE APPROPRIATION FOR THE MOTOR VEHICLE HIGHWAY FUND FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998 This bill had third reading. Council Member Aranowski made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of seven ayes. ORDINANCE NO. 8956 -98 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ESTABLISHING A PURCHASING AGENCY FOR THE CITY OF SOUTH REGULAR MEETING NOVEMBER 9.1998 BEND, INDIANA This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of seven ayes. This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of seven ayes. RESOLUTIONS RESOLUTION NO. 2690 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING RULES FOR PURCHASING FOR THE CITY OF SOUTH BEND, INDIANA WHEREAS, I.C. 5 -22 (the "Act" applies to every expenditure of public funds by a governmental body; WHEREAS, the City of South Bend is a governmental body under the Act; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The following are the required purchasing rules for the City of South Bend, Indiana: A. Protection of Offers: Status of Documents as Public Records 1. Protection of Offers Prior to Opening. The purchasing agent shall retain all offers received in a secure location prior to the date and time at which offers will be opened in order to prevent disclosure of the contents prior to the opening of the offers. 2. Unobstructed Evaluation of Offers. After offers have been opened, the purchasing agent shall be responsible for maintaining the offers in such a manner as to permit evaluation of the offers by the persons responsible for evaluating the offers. 3. Public Records Status of Bids. Bids submitted in response to an invitation for bids must be available for supervised public inspection and copying after the time of the bid opening. 4. Registered Proposals. When the purchasing agent solicits proposals in accordance with I.C. 5 -22 -9, a Register of Proposals must be prepared and available after the time of the bid opening. B. Evidence of Financial Responsibility 1. Purchases less than $25,000: The purchasing agent may not require evidence of financial responsibility when the estimated cost of a purchase is less than $25,000. 2. Purchases between $25,000 and $100,000: the solicitation may include a requirement that an offeror provide evidence of finance responsibility. If evidence of financial responsibility is required, the solicitation must indicate the kind of evidence that will be accepted. If a bond or certified check is required, if may not exceed ten percent (10 %) of the estimated cost of the purchase. REGULAR MEETING NOVEMBER 9,1998 3. Purchases over $100,000: the solicitation shall include that an offeror provide evidence of financial responsibility and must indicate the kind of evidence that will be acceptable. If a bond certified check is required, it may not exceed ten percent (10 %) of the estimated cost of the purchase. 4. Small business set - asides: the purchasing agent may determine that no evidence of financial responsibility shall be required for a small business set -aside purchase. C. Modification and Termination of Contracts 1. Adjustments in time of performance. The purchasing agent may include provisions in a purchasing contract concerning adjustments for time of performance under the contract. 2. Unilateral Rights of City. The purchasing agent may include in a purchase contract provisions dealing with the unilateral right of the City to order changes in the work within the scope of the contract or to order temporary work stoppage or delays in time of performance. 3. Quality variations. The purchasing agent may include a purchase contract provisions dealing with variations between the estimated quantities of work in a contract and the actual quality delivered. 4. Price adjustment. Adjustments in price due to any provision contemplated by 1 -3 above must be computed in one (1) or more of the following ways: a. By agreement on a fixed price adjustment before the beginning of the pertinent performance or as soon after the beginning of performance as possible. b. By unit prices specified in the contract or subsequently agreed upon: c. By costs attributed to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; d. In such other manner as the contracting parties may mutually agreed upon; or e. In the absence of agreement by the parties, price adjustments must be computed by a unilateral determination by the governmental body of the costs attributable to the events or situations under such clauses with adjustments of profit or fee, all as computed by the governmental body in accordance with applicable rules adopted by the governmental body; 5. Correction and withdrawal of bids. An offeror may correct inadvertent errors in a bid up to the time at which bids will be opened by supplementing the erroneous bid and submitting a revised bid. A bidder may not supplement an inadvertently erroneous bid after the time at which the bids were opened or, an offeror may withdraw a bid containing inadvertent errors up to the time at which bids will be opened. The purchasing agent must decide in writing to permit the correction or withdrawal of the bid. 6. Cancellation of solicitation. When the purchasing agent makes a written determination that is in the City's best interests, the purchasing agent may cancel a solicitation or reject all offers in whole or in part as specified in the solicitation. The reason for a cancellation of a solicitation or rejection of offers must be made a part of the contract file. D. Small Purchases REGULAR MEETING NOVEMBER 9,1998 The purchasing agent may purchase supplies with an estimated cost of less than $25,000 on the open market without inviting or receiving quotes. All such purchases shall go through Central Services unless the desired supply cannot be procured through Central Services. In the event Central Services does not offer desired supply, Purchasing Agent shall (1) notify Central Services of its intent to purchase desired supply elsewhere, and (2) purchase the supply on the open market. E. Single- Source Purchases When there is only one (1) source for material or supplies, the purchasing agent shall make a written statement of his or her determination there is only one source for the material or supplies. A copy of the written determination shall be included in the contract file. Expenditures over $50,000.00 must be approved by the Purchasing Agency. F. Purchase of Services Each City agency and department may purchase services except for the services of attorneys in whatever manner the purchaser determines to be reasonable. Except as otherwise provided by law, only the head of the Department of Law may purchase the services of attorneys. G. Small Business Set - Asides 1. Purchasing agents may state in solicitations that offers will be accepted only by small businesses. "Small Business" means a business that is independently owned and operated and is not dominant in its field of operation. a. A wholesale business is not a small business if its annual sales for its most recently completed fiscal year exceed four million dollars (4,000,000). b. A construction business is not a small business if its average annual receipts for the preceding three years exceed four million dollars ($4,000,000). c. A retail business or business selling services is not a small business if its annual sales and receipts exceed five hundred thousand dollars ($500,000). d. A manufacturing business is not a small business if it employs more than one hundred (100) persons. 2.- When computing the size of the offeror, the annual sales and receipts of the offeror and all of its affiliates must be included. Section II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council attorney, Kathleen Cekanski- Farrand, indicated this resolution should be amended in the third whereas clause by changing the word requires to authorizes, and in Section II change passage to adoption. Council Member Hosinski made a motion to accept the amendments, seconded by Council Member Sniadecki. The motion carried. Michelle Engel, representing the Legal Department, made the presentation for the resolution. She indicated this resolution will serve as a guide for the City purchasing. Council Member Hosinski made a motion i 1 1 REGULAR MEETING _ NOVEMBER 9,1998 to adopt this resolution, seconded by Council Member Pfeifer. The resolution was a adopted by a roll call vote of seven ayes. RESOLUTION NO 2691 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND PROMOTING THE PURCHASE OF SUPPLIES MANUFACTURED IN THE UNITED STATES FOR THE CITY OF SOUTH BEND, INDIANA WHEREAS, I.C. 5 -22 (the "Act ") applies to every expenditure of public funds by a governmental body; WHEREAS, the City of South Bend is a governmental body under the Act; and WHEREAS, the Act requires the Common Council to establish certain purchasing rules and policies for the City; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The following are the required purchasing rules for the City of South Bend, Indiana: Purchasing of Supplies Manufactured in the United States shall be specified for all purchases and shall be purchased unless the City determines that: (A) the supplies are not manufactured in the United States in reasonably available quantities; (B) the price of the supplies manufactured in the United States exceeds by an unreasonable amount of the price of available and comparable supplies manufactured outside the United States; (C) the quality of the supplies manufactured in the United States is substantially less than the quality of comparably priced available supplies manufactured outside the United States; or (D) the purchase of supplies manufactured in the United States is not in the public interest. Section II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Varner reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Council attorney, Kathleen Cekanski - Farrand, indicated this resolution should be amended in the Section II by changing the word ordinance to resolution, and change passage to adoption. Council Member Pfeifer made a motion to accept the amendments, seconded by Council Member Aranowski. The motion carried. Michelle Engel, representing the Legal Department, made the presentation for the resolution. She indicated this resolution is mandated by the State, and requires that the City purchase supplies manufactured in the United States. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was a adopted by a roll call vote of seven ayes. RESOLUTION NO. 2692 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH REGULAR MEETING NOVEMBER 9,1998 BEND, INDIANA, COMMONLY KNOWN AS 2101, 2107, 2111, 2114, 2117, 2122, 2123, 2204, 2205, 2210, 2213, 2214, 2219, 2222, 2225, 2226, 2231, 2232, 2238 SOUTH MEADE STREET AND 5045 AND 5051 WEST COLFAX STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, a Statement of Benefits and a petition for 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 areas commonly known as 2101, 2107, 2111, 2114, 2117, 2122, 2123, 2204, 2205, 2210, 2213, 2214, 2219, 2222, 2225, 2226, 2231, 2232, 2238 South Meade Street and 5045 and 5051 West Colfax Street, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2114 South Meade Street Lot 300A Homeland 1st Re 18- 8107 -4043 2122 South Meade Street Lot 302A Homeland 1st Re 18- 8107 -4045 2204 South Meade Street Lot 303A Homeland 1st Re 18- 8107 -4046 2210 South Meade Street Lot 305 Homeland 1st Re 18- 8107 -4048 2214 South Meade Street Lot 306 Homeland 1st Re 18- 8107 -4049 2222 South Meade Street Lot 307A Homeland 1st Re 18- 8107 -4050 2226 South Meade Street Lot 309A Homeland 1st Re 18- 8107 -4052 2232 South Meade Street Lot 310A Homeland 1st Re 18- 8107 -4053 2238 South Meade Street Lot 311A Homeland 1st Re 18- 8107 -4056 2101 South Meade Street Lot 330A Homeland 1st Re 18- 8108 -4091 2107 South Meade Street Lot 329A Homeland 1st Re 18- 8108 -4092 2111 South Meade Street Lot 327A Homeland 1st Re 18- 8108 -4094 2117 South Meade Street Lot 326A Homeland 1st Re 18- 8108 -4095 2123 South Meade Street Lot 325A Homeland 1st Re 18- 8108 -4096 2205 South Meade Street Lot 323A Homeland 1st Re 18- 8108 -4098 2213 South Meade Street Lot 322A Homeland 1st Re 18- 8108 -4099 2219 South Meade Street Lot 320A Homeland 1st Re 18- 8108 -4101 2225 South Meade Street Lot 319A Homeland 1st Re 18- 81084102 2231 South Meade Street Lot 317A Homeland 1st Re 18- 8108 -4104 5045 West Colfax Street Lot 175 -76 Portage Gardens 18- 2224 -8407 5051 West Colfax Street Lot 173 -74 Portage Gardens 18- 2224 -8406 as a Residentially Distressed Area; under provisions of Indiana Code 6.1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6- 1.1 -12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the areas 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 areas qualify as Residentially Distressed Areas. 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 REGULAR MEETING NOVEMBER 9,1998 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 s_ etc . , for tax abatement. SECTION II. The Common Council hereby determines and finds that the areas herein are found to meet state law requirements more particularly set forth in Indiana Code 6 -1.1- 12.1 -2 and the Common Council hereby makes the following additional findings for the areas listed herein: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; OR B. A significant of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. OR evidencing significant building deficiencies; C. The areas have 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 D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. B. 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. C. That the description of the proposed redevelopment meets the applicable standards for such development. D. That the estimate of the value of the redevelopment is reasonable for projects of this nature; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and F. 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. 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 areas herein described be designated as Residentially Distressed Areas and hereby adopts a Resolution designating these areas as Residentially Distressed Areas for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Areas 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. REGULAR MEETING NOVEMBER 9,1998 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 properties be designated as residentially distressed areas. 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. Js/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Mike Urbanski, 17874 St. Road 23, made the presentation for the resolution. He indicated the residential tax abatements are making a positive impact in the community. Council Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of seven ayes. BILLS, FIRST READING BILL NO. 91 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1501 NORTH BENDIX DRIVE IN THE CITY OF SOUTH BEND, INDIANA' This bill had first reading. Council Member Pfeifer made a motion to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 92 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6, SECTION 20 -72 ENTITLED "METHOD OF PARKING; PARALLEL AND ANGLE PARKING" OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Pfeifer. The motion carried. BILL NO. 93 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 415 WEST MADISON, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer bill Zoning and Annexation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Aranowski. The motion carried. BILL NO. 94 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE PROVIDING FOR CITY ADOPTION OF COUNTY LANDMARKS UPON CITY ANNEXATION OF AFFECTED LAND This bill had first reading. Council Member Aranowski made a motion to refer to refer this bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 95 -98 A BILL APPROPRIATING $60,000 FROM THE ECONOMIC DEVELOPMENT STATE GRANT FUND FOR THE PURPOSE OF ASSISTING IN THE FINANCING OF THE 1 U 1 REGULAR MEETING NOVEMBER 9,1998 SOUTH BEND BREWERY IN THE EAST RACE AREA OF SOUTH BEND This bill had first reading. Council Member Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on November 23, seconded by Council Member Pfeifer. The motion carried. BILL NO. 96 -98 A BILL APPROPRIATING $138,000 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on November 23, seconded by Council Member Hosinski. The motion carried. BILL NO. 97 -98 A BILL APPROPRIATING $3,749,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 1999, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on November 23, seconded by Council Member Hosinski. The motion carried. BILL NO. 98 -98 A BILL APPROPRIATING $130,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING ADMINISTRATIVE SUPPORT TO THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR PROGRAM YEAR 1999 BEGINNING JANUARY 1, 1999 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on November 23, seconded by Council Member Aranowski. The motion carried. BILL NO. 99 -98 A BILL APPROPRIATING $536,416 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had first read motion to refer this bil Development Committee an reading on November 23, The motion carried. ing. Council Member Pfeifer made a 1 to the Community and Economic d set it for public hearing and third seconded by Council Member Aranowski. BILL NO. 100 -98 FIRST READING ON A BILL TRANSFERRING $766,300 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on November 23, seconded by Council Member Aranowski. The motion carried. REGULAR MEETING NOVEMBER 9,1998 BILL NO. 101 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2 OF CHAPTER 17 OF THE SOUTH BEND MUNICIPAL CODE RELATING TO PRETREATMENT REQUIREMENTS FOR THE USE OF THE PUBLIC SEWERS This bill had first reading. Council Member Sniadecki made a motion to refer this bill to the Utilities Committee and set it for public hearing and third reading on November 23, seconded by Council Member Hosinski. The motion carried. BILL NO. 102 -98 A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE FOR THE CONSTRUCTION AND EQUIPPING OF A NEW FIRE STATION AND THE CONSTRUCTION OF A NEW ROOF FOR THE CITY'S MUNICIPAL SERVICES BUILDING AND REGARDING CERTAIN RELATED MATTERS This bill had frist reading. Council Member Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for public hearing and third reading on November 23, seconded by Council Member Pfeifer. The motion carried. UNFINISHED BUSINESS Council Member Aranowski that South Bend has won the bid for the 1999 National Amateur Softball Tournament to be held on Labor Day Weekend. There being no further business to come before the Council unfinished or new, Council President Coleman adjourned the meeting at 8:11 p.m. ATTEST: ATTEST: 3.ty C President 1