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HomeMy WebLinkAbout05-27-97 Council Meeting MinutesEGULAR MEETING MAY 27.1997 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Tuesday, May 27, 1997, 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, Broden, 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 May 12, meetings of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the May 12, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. SPECIAL BUSINESS RESOLUTION 2460 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CENTRE AND PENN TOWNSHIPS (EMRO /NDCU ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Centre and Penn Townships, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 9.5 acres of land, used primarily for commercial and office purposes, located at the northwest and southeast corners of Ironwood and Ireland Roads, fifty -one (51) percent of its aggregate external boundaries coninciding with the boundaries of the City of South Bend; approximately seventy -two (72) percent subdivided. Sewer and municipal water service is available to the annexation area, but development of the territory proposed to be annexed will require additional street lighting and additional police protection, street and road maintenance; WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of REGULAR MEETING MAY 27, 1997 topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non- capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with Federal, State and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, described in Exhibit "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This resolution shall be in full force and effect upon its adoption by the Common Council and approval by the Mayor. ls/ Roland Kelly Member, Common Council A public hearing was held on the resolution at this time. Larry Magliozzi, assistant director of Planning, made the presentation for the resolution. He reported this was a City initiated annexation of 9.5 acres located in Centre and Penn Township at the northwest and southeast corners of Ironwood and Ireland roads. He advised that the area already has City sewers and water, however, additional police protection, street lighting and street and road mainteance will be required. He indicated that REGULAR MEETING <> MAY 27, 1997 the Board of Works, Board of Safety and Water Works Commissioners have passed the fiscal plan. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Hosinski. The resolution was adopted by a roll call vote of nine ayes. CITY REPORTS Police Chief Gunn reported that this Council along with the administration, has made a commitment in terms of money support which has allowed the Police Department to purchase equipment, as well as technology. He advised that there are now 157 marked squad cars, and the visability as take home vehicles has been a deterrent to crime. He indicated that the lap top computers in the squad cars will allow more shift time for the officers. He indicated a Community Policing training program will be held on May 29, and that will kick off Community Policing for the City of South Bend. Captain Gary Horvath spoke regarding the Police Department's computer program. He also reported that the police cars are being equipped with heavy duty fire extinguishers and first aid kits. He also discussed the new 911 system they plan to install. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Hosinski. 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 7:25 p.m. with nine members present. Chairman Coleman presiding. BILL NO. 38 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE AND PENN TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA (EMRO /NDCU ANNEXATION) This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opportunity to be heard. Larry Magliozzi, assisant Director of Planning, made the presentation for the bill. He reported this was a City initiated annexation. He indicated annexations must meet certain State criteria, and this one will meet those requirements. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Aranowski. The motion carried. BILL NO. 23 -97 A BILL AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 804 LAFAYETTE BOULEVARD, IN THE CITY OF SOUTH BEND, INDIANA Council Member Varner made a motion to continue public hearing on this bill, at the Council's request, seconded by Council Member Aranowski. The motion carried. BILL NO. 39 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET FROM THE EAST RIGHT -OF -WAY OF SOUTH CHAPIN STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH - SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FOR A DISTANCE OF APPROXIMATELY 295 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN B.O.L. 71, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA A public hearing was held on the resolution at this time. Council Member Varner reported that the Public Works and Property Vacation Committee had met on this bill and recommended it to the REGULAR MEETING MAY 27, 1997 Council favorable. Dea Andews, 223 N. Scott, a representative of South Bend Heritage, made the presentation for the bill. She advised that South Bend Heritage has been working with the Near Westside, and is now ready to go into another aspect - the development of Chapin Market on the northeast corner of Western and Chapin. She indicated the property has an alley which would go right through the proposed building. She reported the proposed building will house a Save -A -Lot and the Chapin Clinic. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Pfeifer. The motion carried. BILL NO. 40 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH -SOUTH ALLEY WEST OF GREENLAWN AVENUE FROM THE SOUTH RIGHT -OF -WAY OF MISHAWAKA AVENUE TO THE NORTH RIGHT -OF -WAY OF RUSKIN STREET FOR A DISTANCE OF APPROXIMATELY 504 FEET AND A WIDTH OF 7 FEET. PART LOCATED IN THE NORTH -EAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST. THE STREET TO BE VACATED IS DESCRIBED AS GREENLAWN AVENUE FROM THE SOUTH RIGHT -OF -WAY OF MISHAWAKA AVENUE TO THE NORTH RIGHT -OF -WAY OF RUSKIN STREET FOR A DISTANCE OF APPROXIMATELY 494 FEET AND A WIDTH OF 66 FEET. PART LOCATED IN THE NORTH -EAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST. THE STREET TO BE VACATED IS DESCRIBED AS RUSKIN STREET FROM THE EAST RIGHT -OF -WAY OF ESTHER STREET TO THE EAST RIGHT -OF -WAY OF GREENLAWN AVENUE FOR A DISTANCE OF APPROXIMATELY 677 FEET AND A WIDTH WHICH VARIES FROM 40 TO 60 FEET. PART LOCATED IN LOT "A" INDIANA UNIVERSITY REPLAT,.NORTH -EAST QUARTER, SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST 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, as amended. He made a motion to amend the bill by changing Range 2 to Range 3 every where it appeared, seconded by Council Member Coleman. The motion carried. Craig Hudson, Cole and Associates, made the presentation for the bill. He advised that the purpose of this vacation was to complete the second phase of their landscape development. He indicated this would eliminate most of the vehicular traffic on the campus, as well as expand the pedestrian mall. Dea Anderson, 223 N. Scott, spoke in favor of the vacation. Council Member Pfeifer advised she worked for IUSB, however, would not be receiving any monetary gain, therefore, would vote on the bill. She made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Kelly. The motion carried. BILL NO. 42 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND This being the time heretofore set for public hearing on the above bill, proponents and opponents were given an opporunity to be heard. Council Member Coleman reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Cathy Roemer, controller, made the presentation for the bill. She advised that this fund has been active since 1985, and this bill re- establishes it for another three years. She reported there is a cap of $ .15 per $100 of valuation. Council Member Kelly made a motion to recommend this bill to the Council favorable, seconded by Council Member Hosinski. The motion carried. REGULAR MEETING MAY 27, 1997 Council Member Broden made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. ATTEST: ity REGULAR MEETING RECONVENED ATTEST: Chairman 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 Kelly presiding, and nine members present. ORDINANCE NO. 8786 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CENTRE AND PENN TOWNSHIPS, ST. JOSEPH COUNTY, INDIANA (EMRO /NDCU ANNEXATION) This bill had third reading. Council Member Pfeifer made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8787 -9 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF NAPIER STREET FROM THE EAST RIGHT -OF -WAY OF SOUTH CHAPIN STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF SOUTH CHAPIN STREET FOR A DISTANCE OF APPROXIMATELY 295 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN B.O.L. 71, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Council Member Varner made a motion to pass this bill, seconded by Council Member Aranowski. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8788 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST NORTH - SOUTH ALLEY WEST OF GREENLAWN AVENUE FROM THE SOUTH RIGHT -OF -WAY OF MISHAWAKA AVENUE TO THE NORTH RIGHT -OF -WAY OF RUSKIN STREET FOR A DISTANCE OF APPROXIMATELY 504 FEET AND A WIDTH OF 7 FEET. PART LOCATED IN THE NORTH -EAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST. THE STREET TO BE VACATED IS DESCRIBED AS GREENLAWN AVENUE FROM THE SOUTH RIGHT -OF -WAY OF MISHAWAKA AVENUE TO THE NORTH RIGHT -OF -WAY OF RUSKIN STREET FOR A DISTANCE OF APPROXIMATELY 494 FEET AND A WIDTH OF 66 FEET. PART LOCATED IN THE NORTH -EAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST. THE STREET TO BE VACATED IS DESCRIBED AS RUSKIN STREET FROM THE EAST RIGHT -OF -WAY OF ESTHER STREET TO THE EAST RIGHT -OF -WAY OF GREENLAWN AVENUE FOR A DISTANCE OF APPROXIMATELY 677 FEET AND A WIDTH WHICH VARIES FROM 40 TO 60 FEET. PART LOCATED IN LOT "A" INDIANA UNIVERSITY REPLAT, REGULAR MEETING MAY 27, 1997 NORTH -EAST QUARTER, SECTION 18, TOWNSHIP 37 NORTH, RANGE 2 EAST This bill had third reading. Council Member motion to amend this bill, as amended in the Whole, seconded by Council Member Hosinski. Council Member Coleman made a motion to pass by Council Member Broden. The bill passed b: nine ayes. Coleman made a Committee of the The motion carried. this bill, seconded F a roll call vote of ORDINANCE NO 8789 -97 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A CUMULATIVE CAPITAL DEVELOPMENT FUND This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Broden. The bill passed by a roll call vote of eight ayes and one nay (Council Member Varner). RESOLUTIONS RESOLUTION NO. 2461 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 315 E. BROADWAY STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR AMERICAN HOME DREAMS, INC. 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 315 E. Broadway Street, South Bend, Indiana, and which are more particularly described as follows: Lot numbered three hundred twenty -nine (329) as shown on the recorded Plat of Wenger & Kreighbaum's First Broadway Addition, recorded in the office of the Recorder of St. Joseph County, Indiana, in Plat Book 9, page 74. Lot Numbered three hundred thirty (330 as shown on the recorded Plat of Wenger & Kreighbaum's First Broadway Addition, recorded in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 9, page 74, together now known as 315 E. Broadway Street and having tax key numbers 18- 7013 -0499 and 18 -7013 -0500, respectively, as Residentially Distressed Areas; 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, 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 ther qualifications for a residentially distressed areas have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City 1 1 REGULAR MEETING MAY 27, 1997 of South Bend, Idniana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. At least thirty -five percent (35 %) of the pracels are currently vacant; B. A significant number of dwelling units within the reas are not permanently occupied or a significant number of parcels in the areas are vacant land; C. A significant number of dwelling units in the aareas 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 Untied States. E. The areas (plus any areas previously designated) do not exceed ten percent (10 %) of the total area within the designating body's jurisdiction. F. That the description of the proposed redevelopment meets the applicable standards for such development. G. Thst the estimate of the value of the redevelopment is reasonable for projects of this nature; H. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and I. 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 Coy the following: A. The deduction will rehabilitated to meet local B. The deduction will rehabilitation is completed the date of the adoption of Common Council. incil also hereby determines and finds not be allowed unless the dwelling is code standards for habitability. not be allowed unless the dwelling within five (5) calendar years from the Declaratory Resolution by the 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 VI. This Resolution shall be in full force and effect from and after its adotion by the Common Council and approval by the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Richardo Miller, executive director, of American Dream Homes, asked the Council for approval of this abatement. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Aranowski. The motion carried on a roll call vote of nine ayes. RESOLUTION NO. 2462 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING REGULAR MEETING MAY 27, 1997 CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1525 WEST WESTERN AVENUE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR COMMUNITYWIDE FEDERAL CREDIT UNION 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 Lot No. 1 Goodwill /CommunityWide Minor Subdivision of Lot 3, Goodwill Industries minor part of the northeast quarter of Section 10, Township 37 North, range 2 east, City of South Bend, Portage township, St. Joseph County. WHEREAS, a Declaratory Resolution designated the area commonly known as 1525 West Western, South Bend IN, and which is particularly described as follows: with said real estate having the following Key No. an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for 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 ten (10) 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 III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Charles Leone, attorney, made the presentation for the resolution. He reported that the credit union was going to construct a new building, which we believe will be a benefit to the community. Council Member Borden made a motion to adopt the resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of nine ayes. 1 1 REGULAR MEETING RESOLUTION NO. 2463 -97 MAY 27, 1997 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 NORTHEAST CORNER OF CHAPIN STREET AND WESTERN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSS OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION AND BAUGO CREEK REALTY (AN INDIANA PARTNERSHIP) 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 northeast corner of Chapin and Western, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 302 S. Chapin 32FT N &S X 118.14FT E &W NW COR BOL71 306 S. Chapin 89FT N &S X 118.14FT E &W EX 32FT W END NW CORNER BOL 71 308 S. Chapin 38X7 RODS4LKS MIDPT W SIDE N1 /2 ROL 71 310 -312 S. Chapin 32.9FTX118.14FT MIDPT WSIDE N1 /2 BOL 71 314 S. Chapin S20.1FTOFS35FT OF N1 /2 NW PARTOF BOL 71 734 W. Napier E28.87FTOFW147.01FT N h BOL 71 732 W. Napier E28.87FTOFW175.88FT N h BOL 71 730 W. Napier 7RODS E END OF 21.1N 1 -4 BOL 71 No Address 50FT ON CHAPIN STX122.59FTWSIDE S1 /2BOL71 No Address 65FTX122.59FT MIDDLEPART WSIDE W1 /2 OF h BOL 71 No Address 46.12FT SW CORNER BOL 71 No Address W39FT ON WESTERN AVE MIDPART W 1 /2S h BOL 71 735 W. Western E39FT OF W208FT EX TRI PC TO CITY FOR ST SW BOL71 733 W. Western W37FT OF E94h W hS 1 /2BOL 71 No Address E57.5FT OF W1 /2 OF S1 /2 BOL 71 18- 3051 - 2201.01 18- 3051 -2001 18- 3051 -2002 18 3051 2003 18- 3051 -2004 18- 3051 =2005 18- 3051 -2006 18- 3051 -2007 18- 3051 -2008 18- 2051 -2009 18- 3051 -2010 18- 3051 -2011 18- 3051 -2012 735 18- 3051 -2013 18- 3051 -2014 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: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the REGULAR MEETING following: MAY 27, 1997 A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C: That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; 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 the Mayor. /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development Committee had met on this resolution and recommended it to the Council favorable. Dea Andrews, South Bend Heritage, made the presentation for the resolution. She advised they were requesting this abatement in order to construct the Chapin Market, which will house a Save -A -Lot and the Chapin Clinic. She indicated this building will cost approximately 2.5 million and are requesting the abatement to help with the project. Council REGULAR MEETING MAY 27, 1997 Member Pfeifer made a motion to adopt this resolution, seconded by Council Member Ujdak. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2464 -97 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 SOUTHEAST CORNER OF CORBY AND NILES AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A THREE (3) YEAR REAL PROPERTY TAX ABATEMENT FOR C.D.T., L.L.C. 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 southeast corner of Corby and Niles Ave., South Bend, Indiana, and which is more particularly described as follows: PARCEL I: A parcel of land located in the northeast quarter of the southwest quarter of Section 1, Township 37 north, range 3 east, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at a point on the south line of Corby Street, 220.51 feet north 89048127" east (assumed bearing) of the intersection of the south line of Corby Street and the easterly line of Niles Avenue, said point being the northwest corner of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 780739 recorded March 3, 1978 in the Office of the St. Joseph County Recorder; thence south 25006103" East along the westerly line of said City of South Bend tract, 149.81 feet; thence south 89049121" east, 141.77 feet to the south line of Corby Street; thence south 89049127" west along said southline of Corby Street, 103.36 feet to the point of beginning. PARCEL II. A parcel of land located in the northwest quarter of the southwest quarter of section 1, township 37 north, range 2 east, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the 25006'03" east (assumed bearing) along the easterly line of Niles Avenue, 242.74 feet; thence north 64053'57" east, 200.00 feet to the westerly line of a tract of land conveyed to the City of South Bend, Indiana by Instrument Number 7803739 recorded March 3, 1978 in the office of the St. Joseph County Recorder; thence North 25006103" west along said westerly line, 149.87 feet to the south line of Corby Street; thence south 89048'27" west along said south line of Corby Street, 220.51 feet to the point of beginning. and which has Key Number 18 5038 134601 and 18 5038 1343 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 REGULAR MEETING MAY 27, 1997 City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et 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; 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; 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 three (3) years. This tax abatement is contingent upon a Condominium Association agreement restricting the use of the townhouses to owner /occupant residents. 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 the Mayor. 1 1 1 REGULAR MEETING MAY 27, 1997 /s/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Broden reported that the Community and Economic Development committee had met on this resolution and recommended it to the Council favorable. Daniel Thorsberg, a member of C.D.T., made the presentation for the resolution. He reported that they plan to construct three buildings of five townhouses each, which will cost over $1.8 million dollars. Council Member Broden made a motion to amend this bill by adding a sentence in Section 6, "This abatement is contingent upon a Condominium Association agreement restricting the use of the townhouses to owner /occupant residents. ", seconded by Council Member Sniadecki. The motion carried. Dea Andrews, 223 N. Scott, complimented this group for their belief in South Bend's inner -city. Council Member Borden made a motion to adopt this resolution, as amended, seconded by Council Member Pfeifer. The bill was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 44 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: TUDOR LANE FROM THE EAST RIGHT -OF -WAY OF WOODMONT STREET (OR DRIVE) APPROXIMATELY 115 FEET EAST TO DEAD END AND A WIDTH OF 50 FEET. PART LOCATED IN TWYCKENHAM HILLS SECTION "H ", CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 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 June 9, seconded by Council Member Broden. The motion carried. BILL NO. 45 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED ALONG BOTH SIDES OF EAST JEFFERSON BOULEVARD, BETWEEN ST. PETER STREET AND EDDY STREET, AND ON THE WEST SIDE OF EDDY STREET BETWEEN WASHINGTON STREET AND WAYNE STREET, CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Zoning and Annexation Committee and set it for public hearing and third reading on June 23, seconded by Council Member Coleman. The motion carried. BILL NO. 46 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DELETING CERTAIN CURRENT SECTIONS OF THE MUNICIPAL CODE TO PREPARE FOR RECODIFICATION OF THE ENTIRE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for public hearing and third reading on June 9, seconded by Council Member Varner. The motion carried. BILL NO. 47 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDED AND RESTATED LEASE FOR CERTAIN LAND AND PUBLIC IMPROVEMENTS BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE SOUTH BEND REDEVELOPMENT COMMISSION This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Commission and set it for public hearing and third reading on June 9, seconded by Council Member Aranowski. The motion carried. BILL NO. 48 -97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH REGULAR MEETING MAY 27. 1997 BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Council Member Pfeifer made a motion to refer this bill to the Community and Economic Develop ontJunem9, it for The motion reading motion carried. UNFINISHED BUSINESS APPEAL OF HISTORIC PRESERVATION COMMISSION DECISION - 1414 E. Wayne (Jennifer Lackman) Council President Kelly gave the following statement: All documents filed with the City Clerk by the Petitioner and all documents filed by the Historic Preservation Commission will be verbally identified and marked for purposes of identification. Governing Rules: Petitioner will have twenty (20) minutes maximum which shall include - specific issues under review, statement of position by the petitioner's attorney if any, witness statements. Historic Preservation Commission will have twenty (20) minutes maximum which shall include - statement of position by the HPC attorney, witness statements. Council questions and disposition - fifteen (15) minutes maximum. The Common Council should review the HPC action and determine if was: 1. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable law; 2. Contrary to constitutional right, power, privilege, or immunity; 3. In excess of statutory jurisdiction, authority, limitations, or statutory rights; 4. Without observance of procedure required by applicable law; or 5. Unsupported by substantial evidence. Roll call vote by City Clerk upon proper motion made and seconded. Dr. Jennifer Lackman indicated she felt it was unfortunate that this situation has been played out in the TRIBUNE. She indicated she was requesting the Council assistance in appealing the decision of the HPC to deny a certificate of appropriateness for a small section of a three foot white PV fencing extending in front of my house. She also indicated that city attorney Aladean DeRose attempted to justify the HPC's decision on legal grounds that there were no other properties in the district with fences extending beyond the setback line of the house, however, the houses at 1417 E. Wayne and 301 S. Sunnyside both have fences extending beyond the setback line. She indicated the majority of neighbors support the completion of this project. She reported that the HPC did not give her any written material or guidelines, and when she raised the issue she was told they were out of the handbooks, and the HPC Board conceded there was an ongoing problem in communication with the neighbors. She indicated here house was purchased "as is ", and required extensive renovation 1 1 F�l REGULAR MEETING MAY 27, 1997 work. She indicated she appeared before the board in December, and was told this would be referred to the standards committee, and then subsequently notified that the certificate of appropriateness would not be issued. She reported that several months later she was notified there would be a lawsuit filed if the front fence was not removed. She indicated she had a number of concerns regarding the HPC and the process: new residents are not given adequate information regarding policies and guidelines; the guidelines are very inconsistently applied in this district; information regarding the liaison committee i.e., how they are chosen and their length of terms, is nearly unobtainable; the guidelines are to be reviewed every 5 years, but no such review has taken place; the HPC has no one from this district on its board. Katherine Hostettler, vice president of the Historic Preservation Commission, indicated the commission was bipartisan. She gave the names and occupations of the members. She reported that the property owners in the historic districts write their own standards, and at no time does HPC mandate the standards. Aladeen DeRose, attorney, reported that the East Wayne Street Historic District was created by ordinance in September 1987, and as part of the process the property owners adopted Preservation Guidelines and Standards. She indicated the Standard relevant to this case is front yard areas shall not be fenced and fences shall not extend forward beyond the setback line of the house. She indicated that Dr. Lackman's appeal was untimely, since it the applicant may appeal denial of a Certificate of Appropriateness to the Common Council, and it must be made in writing within thirty (30) days of the date of the denial. She indicated that even if the Common Council was disinclined to follow these rules, this appeal is unreasonably delayed, Dr. Lackman does not precedent legally sufficient HPC's denial of the HPC's decision, since the standards forbid front yard fences. She advised that the HPC urges the Council to focus on whether the appeal is timely, and if so, whether the HPC's decision was a rational one based on the standards of the District. She indicated that the time issue should dispose of this case entirely. David Duvall, director of Historic Preservation, indicated they had one part -time employee, therefore, there was no way they could police the historic districts for violations. He reported that enforcement of the guidelines is dependant on the Building Commission's office. The Council had lengthy discussion and questions directed to the petitioner, as well as the Historic Preservation. Council Member Broden made a motion that the appeal of the Historic Preservation Commission's Decision be denied, seconded by Council Member Sniadecki. The motion carried on a roll call vote of six ayes and three nays (Council Members Varner, Coleman, and Kelly). Council Member Coleman made a motion to set Bill Nos. 91 -96, 31- 97, 32 -97, for public hearing and third reading on June 9, and refer this to the Zoning and Vacation Committee, seconded by Council Member Varner. The motion carried. Council Member Broden made a motion to set Bill No. 28 -97 for public hearing and third reading on June 23, and refer it to the Zoning and Vacation Committee, seconded by Council Member Coleman. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke loss of revenue for the College Football Hall of Fame. There being no further business to come before the Council REGULAR MEETING MAY 27, 1997 unfinished or new, Council Member Kelly adjourned the meeting at 9:45 p.m. ATTEST: ATTEST: President 1 1