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HomeMy WebLinkAbout11-23-98 Council Meeting MinutesREGULAR MEETING NOVEMBER 23,1998 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 23, 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, Kelly, King, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: None 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 November 9, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Sean Coleman is/ David Varner Council Member Hosinski made a motion that the minutes of the November 9, meeting be accepted and placed on file, seconded by Council Member Sniadecki. The motion carried. SPECIAL BUSINESS Council President Coleman announced that the City Council will hold only one meeting in December, which will be on December 14. Council President Coleman also announced that they will continue to accept applications for appointment to the Human Rights Commission. The dead -line will be December 5. REPORTS OF CITY OFFICES Council Member Aranowski made a motion to add a report on Y2K status of the City to the agenda, seconded by Council Member Varner. The motion carried. Bob Allen, Director of Information Technologies, reported on the City's progress in getting all computers on line for the year 2000. He advised they are in the process of gathering information on all computer equipment in the City, in order to know what computers and software must be replaced. He informed the Council that the City would be ready for the year 2000. Council Member Hosinski made a motion to resolve into the Committee of the Whole, seconded by Council Member Sniadecki. The motion carried. COMMITTEE OF THE WHOLE Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole at 7:18 p.m. with nine members present. Chairman pro tem Pfeifer presiding. 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 Council Member Coleman made a motion to continue this bill indefinitely at the request of the petitioner, seconded by Council Member Kelly. The motion carried. BILL NO. 92 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF REGULAR MEETING NOVEMBER 23, 1998 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 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. Council Member Coleman made the presentation for the bill. He reported that State law has changed to allow motorcycles to parallel and angle park, which would make it safer for cyclist. He offered the bill for the Council's consideration. Jim Dodge, 7551 W. Main, Littersport, IN, a member of ABATE of Indiana, spoke in favor of this bill. He asked for the Council's approval of angle parking. Council Member Aranowski made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. BILL NO. 101 -98 PUBLIC HEARING ON 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Sniadecki reported that the Utilities Committee had met on this bill and recommended it to the Council favorable. Ken Zmudzinski, Environmental Services, made the presentation for the bill. He advised it was a Federal requirement that we run this program. He informed the Council that this will make us more compliant with Federal regulations, as well as make us in line with our neighboring communities. Nancy Norton, of Imagineering Enterprises. 1302 W. Sample, indicated there should be a grace period extended before this bill was put into effect, and suggested that the City could help with the testing. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Pfeifer made a motion to accept the substitute bill on file with the City Clerk, seconded by Council Member Varner. The motion carried. Council Member Varner reported that the Personnel and Financed Committee had met on this bill and recommended it to the Council favorable. Tom Skarbek, director of budgeting, made the presentation for the bill. He informed the Council that this bill would allow the City to enter into a lease agreement for the construction and equipping of a fire station and new roof for the MSF Building. Council Member Hosinski made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Sniadecki. 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 SOUTH BEND BREWERY IN THE EAST RACE AREA OF SOUTH BEND 1 L� 1 REGULAR MEETING NOVEMBER 23, 1998 Council Member Coleman made a motion to continue public hearing on this bill until December 14, seconded by Council Member Varner. 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 Council Member Coleman made a motion to continue public hearing on this bill until December 14, 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 BILL NO. 100 -98 A BILL TRANSFERRING $766,300 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 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 Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Council Member Aranowski made a motion to combine public hearing on Bill nos. 98 and 100 -98, seconded by Council Member Varner. The motion carried. Council Member Kelly reported that the Community and Economic Development Committee had also met on this bill and recommended it to the Council favorable. Beth Leonard, director of Financial and Program Management, made the presentation for the bills. She reported that these two bills combined to appropriate moneys for the Block Grant Funds for 1999. She advised that the recipients are a result of recommendations made at their public hearing. Council Member Kelly made a motion to recommend Bill No. 97 -98, seconded by Council Member Aranowski. The motion carried. Council Member Kelly made a motion to recommend Bill No. 100 -98 to the Council favorable, seconded by Council Member Sniadecki. 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 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 being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Kelly reported that the Community and Economic Development Committee had met on Bill No. 98 -99 and recommended it to the Council favorable. Council Member Kelly made a motion to combine public hearing on this bill with Bill No. 99 -98, seconded by Council Member Coleman. The motion carried. Council Member Kelly reported that the Community and Economic jDevelopment Committee had met on Bill NO. 99 =98, and recommended it to the Council favorable. Beth Leonard, director REGULAR MEETING NOVEMBER 23, 1998 of Financial and Program Management, made the presentation for the bills. She advised that these bills are part of her department's administrative budget, and they will finalize the funding for the department. Council Member Kelly made a motion to recommend Bill No. 98 -99 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Kelly made a motion to recommend Bill No. 99 -98 to the Council favorable, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Hosinski. The motion carried. ATTEST: Chairman, pro tem 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 nine members present. BILLS, THIRD READING ORDINANCE NO. 8957 -98 AN ORDINANCE 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 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 nine ayes. ORDINANCE NO. 8958 -98 AN ORDINANCE 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 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 nine ayes. ORDINANCE NO. 8959 -98 AN ORDINANCE 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 third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Pfeifer. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8960 -98 AN ORDINANCE 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 J 1 17- REGULAR MEETING NOVEMBER 23, 1998 PROGRAM YEAR BEGINNING JANUARY 1, 1999, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Varner made a motion to amend this bill, as amended in the Committee of the Whole, - seconded by Council Member Pfeifer. The motion carried. Council Member Aranowski made a motion to pass this bill, as amended, seconded by Council Member Kelly. Council Member Ujdak announced that his employer does business with one of the suppliers on this bill, however, it was not a conflict of interest. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8961 -98 AN ORDINANCE 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 third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Kelly. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8962 -98 AN ORDINANCE APPROPRIATING $536,416 WITHIN FUND 212 FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE COSTS OF THE DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Hosinski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8963 -98 AN ORDINANCE TRANSFERRING $766,300 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had third reading. Council Member Kelly made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. RESOLUTIONS Council Member Pfeifer made a motion to combine public hearing on the next two bills, seconded by Council Member Aranowski. The motion carried. RESOLUTION NO. 2693 -98 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 2101, 2107, 2111, 2114, 2117, 2122, 2123, 2204, 2205, 2210, 2213, 2214, 2219, 2222, 2225, 2226, 2231, 2232, 2238 SOUTH PROSPECT 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, REGULAR MEETING NOVEMBER 23, 1998 2231, 2232, 2238 South Prospect 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 Prospect Street Lot 300A Homeland 1st Re 18- 8107 -4043 2122 South Prospect Street Lot 302A Homeland 1st Re 18- 8107 -4045 2204 South Prospect Street Lot 303A Homeland 1st Re 18- 8107 -4046 2210 South Prospect Street Lot 305 Homeland 1st Re 18- 8107 -4048 2214 South Prospect Street Lot 306 Homeland 1st Re 18- 8107 -4049 2222 South Prospect Street Lot 307A Homeland 1st Re 18- 8107 -4050 2226 South Prospect Street Lot 309A Homeland 1st Re 18- 8107 -4052 2232 South Prospect Street Lot 310A Homeland 1st Re 18- 8107 -4053 2238 South Prospect Street Lot 31 IA Homeland 1st Re 18- 8107 -4056 2101 South Prospect Street Lot 330A Homeland 1st Re 18- 8108 -4091 2107 South Prospect Street Lot 329A Homeland 1st Re 18- 8108 -4092 2111 South Prospect Street Lot 327A Homeland 1st Re 18- 8108 -4094 2117 South Prospect Street Lot 326A Homeland 1st Re 18- 8108 -4095 2123 South Prospect Street Lot 325A Homeland 1 st Re 18- 81084096 2205 South Prospect Street Lot 323A Homeland 1st Re 18- 8108 -4098 2213 South Prospect Street Lot 322A Homeland 1st Re 18- 8108 -4099 2219 South Prospect Street Lot 320A Homeland 1st Re 18- 8108 -4101 2225 South Prospect Street Lot 319A Homeland 1st Re 18- 8108 -4102 2231 South Prospect Street Lot 317A Homeland 1 st 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 seq., and South Bend Municipal Code Sections 2 -76, et seer., 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 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 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:' U REGULAR MEETING NOVEMBER 23, 1998 i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; OR 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. 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. Upon the effective date of this resolution, Resolution No. 2692 -98 is hereby rescinded. REGULAR MEETING NOVEMBER 23, 1998 SECTION XI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Is/ Sean Coleman Member of the Common Council RESOLUTION NO. 2694 -98 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH 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 PROSPECT STREET AND 5045 AND 5051 WEST COLFAX STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G & M PROPERTIES WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 2101, 2107, 2111, 2114, 2117, 2122, 2123, 2204, 2205, 2210, 2213, 2214, 2219, 2222, 2225, 2226, 2231, 2232, 2238 South Prospect Street and 5045 and 5051 West Colfax Street, South Bend, Indiana, and which are more particularly described as follows: Street Address 2114 South Prospect Street 2122 South Prospect Street 2204 South Prospect Street 2210 South Prospect Street 2214 South Prospect Street 2222 South Prospect Street 2226 South Prospect Street 2232 South Prospect Street 2238 South Prospect Street 2101 South Prospect Street 2107 South Prospect Street 2111 South Prospect Street 2117 South Prospect Street 2123 South Prospect Street 2205 South Prospect Street 2213 South Prospect Street 2219 South Prospect Street 2225 South Prospect Street 2231 South Prospect Street 5045 West Colfax Street 5051 West Colfax Street Legal Description Lot 300A Homeland 1st Re Lot 302A Homeland 1st Re Lot 303A Homeland 1st Re Lot 305 Homeland 1st Re Lot 306 Homeland 1st Re Lot 307A Homeland 1st Re Lot 309A Homeland 1st Re Lot 3 1 O Homeland 1 st Re Lot 311A Homeland 1st Re Lot 330A Homeland 1st Re Lot 329A Homeland 1 st Re Lot 327A Homeland 1 st Re Lot 326A Homeland 1 st Re Lot 325A Homeland 1 st Re Lot 323A Homeland 1st Re Lot 322A Homeland 1st Re Lot 320A Homeland 1 st Re Lot 319A Homeland 1 st Re Lot 317A Homeland 1st Re Lot 175 -76 Portage Gardens Lot 173 -74 Portage Gardens as Residentially Distressed Areas; and Key Number 18- 8107 -4043 18- 8107 -4045 18- 8107 -4046 18- 81074048 18- 8107 -4049 18- 8107 -4050 18- 8107 -4052 18- 8107 -4053 18- 8107 -4056 18- 8108 -4091 18- 8108 -4092 18- 8108 -4094 18- 8108 -4095 18 -8108 -4096 18- 8108 -4098 18- 8108 -4099 18- 8108 -4101 18- 8108 -4102 18- 8108 -4104 18- 2224 -8407 18- 2224 -8406 WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12,1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: I LJ REGULAR MEETING NOVEMBER 23. 1998 SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. A significant number of dwelling units within the areas are not permanently occupied or a significant number of parcels in the areas are vacant land; B. A significant number of dwelling units in the areas are: i. the subject of an order issued under IC36 -7 -9; or ii. evidencing significant building deficiencies; C. The Areas have experienced a new loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States. D. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. E. That the description of the proposed redevelopment meets the applicable standards for such development. F. That the estimate of the value of the redevelopment is reasonable for projects of this nature; G. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1 -12 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et 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 REGULAR MEETING NOVEMBER 23, 1998` A public hearing was held on the resolutions at this time. Mike Urbanski, 17874 State Road 23, made the presentation for the resolutions. He reported that the declaratory resolution corrected errors made in a resolution passed two weeks ago. He advised that the second resolution confirmed the declaratory. He indicated that the Community and Economic Development Department should be commended for their appropriation of moneys residential tax abatements. Council Member Hosinski made a motion to adopt Resolution No. 2693 -98, seconded by Council Member Aranowski. The resolution was adopted by a roll call vote of nine ayes. Council Member Hosinski made a motion to adopt Resolution No. 2694 -98, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2695 -98 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 4044 WILLIAM RICHARDSON COURT AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR RICK E. NEWMAN (CRYSTAL MOUNTAIN, 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 4044 William Richardson, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, T. 38 N., R. 2 E., GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION WHICH IS N. 000 - 50' -42" W., 315.78 FT. FROM A STONE MARKING THE EAST QUARTER POST OF SAID SECTION; THENCE S. 88° -53'-01 " W., 347.61 FT. TO THE EAST LINE OF WILLIAM RICHARDSON COURT; THENCE ALONG SAID EAST LINE N. 000 - 59' -02" W., 4.91 FT; THENCE AROUND A 60.00 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 52.86 FT. TO THE END OF A CHORD WHICH BEARS N. 260 -13'-24" W. AND HAVING A DISTANCE OF 51.17 FT.; THENCE AROUND A 50.00 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 44.05 FT. TO THE END OF A CHORD WHICH BEARS N. 260 -13'24" W. AND HAVING A DISTANCE OF 42.64 FT.; THENCE N. 000 -59'-02" W., 255.14 FT.; THENCE N. 880 -53'-01" E., 388.45 FT. TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE S. 000 -50'42" E., 345.00 FT. TO THE POINT OF BEGINNING. CONTAINING 3.0283 ACRES. and which has Key Number 25 1013 0216 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. seq. and South Bend Municipal Code Sections 2 -76 Et Seq. Whereas, the Department of 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 -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 Human Resources 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: �L [l REGULAR MEETING NOVEMBER 23, 1998 SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 seq., 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; of et 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 or 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 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 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 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated 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 ten (10) 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. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by REGULAR MEETING NOVEMBER 23, 1998 the Mayor. /s/ Sean Coleman Member of the Common Council A public hearing was held on the resolution at this time. Council Member Kelly reported that the Community and Economic Development Committee had met on this bill and recommended it to the Council favorable. Rick Newman, owner of Crystal Mountain, made the presentation for the resolution. He reported they were adding an addition to their existing facility, as well as extending their parking lot. Council Member Aranowski made a motion to adopt this resolution, seconded by Council Member Pfeifer. The resolution was passed by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 103 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 7, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 21 -130 ENTITLED USE OR DEVELOPMENT WRITTEN COMMITMENTS This bill had first reading. Council Member Varner made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on December 14, 1998, seconded by Council Member Kelly. The motion carried. BILL NO. 104 -98 A BILL AMENDING ARTICLE 6.5 OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE FOR INTERIM PROTECTION OF PROPOSED LOCAL HISTORIC LANDMARKS PRIOR TO FINAL LANDMARK DESIGNATION AND TO CREATE SUBPARAGRAPH DESIGNATIONS IN SECTION 21- 117.2(d) OF ARTICLE 6.5 OF CHAPTER 21 This bill had first reading. Council Member Pfeifer made a motion to refer the bill to Area Plan, seconded by Council Member Kelly. The motion carried. BILL NO. 105 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2374 AND 2330 SOUTH BEND AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer the bill to Area Plan, seconded by Council Member Varner. The motion carried. BILL NO. 106 -98 A BILL AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1636 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer the bill to the Zoning and Annexation Committee and set it for public hearing and third reading on December 14, seconded by Council Member Kelly. The motion carried. BILL NO. 107 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING AND ADOPTING AMENDMENTS TO THE RULES AND REGULATIONS OF SOUTH BEND WATER WORKS This bill had first reading. Council Member Varner made a motion to refer the bill to the Utilities Committee for a meeting on December 7, and set it for public hearing and third reading on December 14, seconded by Council Member Kelly. The motion carried. 1 1 REGULAR MEETING NOVEMBER 23, 1998 BILL NO. 108 -98 A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING CHAPTER 16, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE AND ESTABLISHING A CHARGE FOR CURBSIDE RECYCLING SERVICES This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 14, seconded by Council Member Kelly. The motion carried. BILL NO. 109 -98 A BILL INCREASING APPROPRIATIONS AND DECREASING APPROPRIATIONS WITHIN THE VARIOUS DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 14, seconded by Council Member Aranowski. The motion carried. BILL NO. 110 -98 A BILL TRANSFERRING MONIES FROM VARIOUS ACCOUNTS TO VARIOUS ACCOUNTS WITHIN DEPARTMENTS WITHIN THE VARIOUS FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE YEAR 1998 This bill had first reading. Council Member Kelly made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 14, seconded by Council Member Varner. The motion carried. BILL NO. 111 -98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $15,000 FROM THE OPERATING BALANCE OF THE EAST RACE WATERWAY FUND (FUND #271) This bill had first reading. Council Member Kelly made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on December 14, seconded by Council Member Varner. The motion carried. BILL NO. 112 -98 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: UTILITY AND WALKWAY EASEMENT RELEASE. A PUBLIC UTILITY AND WALKWAY EASEMENT TO LOT 43 IN SOUTHFIELD SUBDIVISION OFF OF MIAMI HIGHWAY APPROXIMATELY 400 FEET SOUTH OF KERN ROAD This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Public works and Property Vacation Committee and set it for public hearing and third reading on December 14, seconded by Council Member Aranowski. The motion carried. UNFINISHED BUSINESS Council Member Hosinski made a motion to set bill nos. 103, 83, 97. and 88 -98 for public hearing and third reading on December 14, and refer them to the Zoning and Annexation Committee, seconded by Council Member Pfeifer. The motion carried. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 8:10 p.m. ATTES City Cler ATTEST: President