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HomeMy WebLinkAbout08-25-97 Council Meeting MinutesREGULAR MEETING AUGUST 25.1997 Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 25, 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, Varner, Ujdak, Coleman, Hosinski and Sniadecki Absent: Council Member Broden REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the August 11, meetings of the Council and found them correct. Therefore, we recommend the same be approved. Is/ Roland Kelly /s/ David Varner Council Member Coleman made a motion that the minutes of the August 11, 1997, meeting be accepted and placed on file, seconded by Council Member Hosinski. The motion carried. UNFINISHED BUSINESS Council President Kelly spoke about the death of police Cpl. Paul DeGuch, was killed in the line of duty. He indicated this was a tragedy that effected the entire City. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Varner. 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 7:08 p.m. with eight members present. Chairman Coleman presiding. BILL NO. 58 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 AND 326 S. CHAPIN STREET, 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 Varner reported that the Zoning and Annexation Committee had met on this bill and recommended it to the Council favorable. Jim Voll, Area Plan, reported the petitioner is requesting a change from to "C" to allow for a shopping center and medical clinic. He indicated the Area Plan Commission recommended this to the Council favorable. Donald Ross, Ross Development Service, made the presentation for the bill. He noted that the Chapin Street Market is a joint venture with South Bend Heritage Foundation. He indicated this project is a facility that will house a Save -a -Lot grocery and the Chapin Clinic. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Sniadecki. The motion carried. BILL NO. 75 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF HURON STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH WALNUT STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH WALNUT STREET, A DISTANCE OF REGULAR MEETING AUGUST 25, 1997 APPROXIMATELY 136 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF PT. BANK OUTLOT 97 This being the time heretofore set for public hearing in 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, subject to an easement to be presented by the Council attorney. Cynthia Robinson, 445 S. Walnut, made the presentation for the bill. She indicated they would like for this alley to be vacated for safety reasons. Ms. Gonzales, 446 S. Harris spoke in favor of this vacation. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Kelly. The motion carried. BILL NO. 76 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD DRIVE AND IRELAND ROAD, AND ON EAST SIDE OF IRONWOOD ROAD BETWEEN IRELAND ROAD AND THE ST. JOSEPH VALLEY PARKWAY, 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. Jim Voll, Area Plan, made the presentation for the bill. He indicated this was an Area Plan Commission initiated petition which allows for.appropriate zoning for property annexed into South Bend. Council Member Hosinski made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Hosinski made a motion to rise and report to the Council, seconded by Council Member Varner. The motion carried. 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 7:25 p.m. Council President Kelly presiding, and seven members present (Council Member Hosinski left the meeting at this point). ATTEST: ATTEST: y e Chairman BILLS, THIRD READING ORDINANCE NO. 8818 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 310 AND 326 S. CHAPIN STREET, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Aranowski. The bill was passed by a roll call vote of seven ayes. ORDINANCE NO. 8819 -97 AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY NORTH OF HURON.STREET FROM THE WEST RIGHT -OF -WAY OF SOUTH WALNUT STREET TO THE EAST RIGHT -OF -WAY OF THE FIRST NORTH -SOUTH ALLEY WEST OF SOUTH WALNUT STREET, A DISTANCE OF APPROXIMATELY 136 FEET AND A WIDTH OF 10 FEET. PART LOCATED IN HARRIS' 2ND SUB. OF PT. BANK REGULAR MEETING AUGUST 25, 1997 OUTLOT 97 This bill had third reading. Council Member Aranowski made a motion to pass the bill, seconded by Council Member Coleman. The bill was passed by a roll call vote of seven ayes. ORDINANCE NO. 8820 -97 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES GENERALLY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD DRIVE AND IRELAND ROAD, AND ON EAST SIDE OF IRONWOOD ROAD BETWEEN IRELAND ROAD AND THE ST. JOSEPH VALLEY PARKWAY, CITY OF SOUTH BEND, INDIANA This bill had third reading. Council Member Coleman made a motion to pass the bill, seconded by Council Member Varner. The bill was passed by a roll call vote of seven ayes. RESOLUTIONS RESOLUTION NO. 2502 -97 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 3733 LOCUST ROAD; SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council has provided notice of the hearing on the petition from the Board of Zoning Appeals, pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at: 3733 Locust Road, South Bend IN 46614 in order to permit the construction of a radio tower in "A" Residential Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; REGULAR MEETING ,AUGUST 25, 1997 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. Section IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Varner reported that the Zoning and Annexation Committee had met on this resolution and recommended it to the Council favorable. William Dobslaw, 3733 Locust, president of Times Communication, made the presentation for the resolution. He reported that the FCC has decided that our station would not have the opportunity to gain a stronger signal and they will allow us to move from 1580 on the FM dial to 1620. In order to do this a tower is necessary, so they were planning to put on on his property on Locust Road since he has several acres of property and this tower would be located in a wooded section. Council Member Varner made a motion to adopt this resolution, seconded by Council Member Sniadecki. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2503 -97 • RESOLUTION CONFIRMING THE ADOPTION OF • DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 125, 127, 133, 137, 201, 209, 229, 235, 243 AND 301 EAST 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 125, 127, 133, 137, 201, 209, 229, 235, 243, and 301 E. Broadway, South Bend, Indiana, South Bend, Indiana, and which are more particularly described as follows: 125 E. Broadway 127 E. Broadway 133 E. Broadway 137 E. Broadway 201 E. Broadway 209 E. Broadway 229 E. Broadway 235 E. Broadway 243 E. Broadway 301 E. Broadway St. St. St. St. St. St. St. St. St. St. Part of Part of Part of Part of Part of Part of Part of Part of Lot 73, Lot 326, lots 18 & 19, Haney's Add. lots 19 & 20, Haney's Add. lots 20 & 21, Haney's Add. lots 21 & 22, Haney's Add. lots 63 & 64, Haney's Add. lots 64 & 65, Haney's Add. lots 70 & 71, Haney's Add. lots 71, 72, & 73, Haney's Add. Haney's Add. Wenger & Kreighbaum, 1st Add. and having tax key number 18 7026 1033, 18 7026 1032, 18 7026 1031, 18 7026 1030, 18 7025 0998, 18 7025 0997, 18 7026 0996, 18 r] 1 n i REGULAR MEETING AUGUST 25, 1997 7025 0991, 18 7026 0990, 18 7026 0989, 18 7025 0998, 18 7025 0988.01, 18 7013 0496, 18 7013 0496.01, 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, 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: 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 Untied 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 H. 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 also hereby determines and finds 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. 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 V. The Common Council hereby determines that the property owner is qualified for and is granted Real property REGULAR MEETING AUGUST 25, 1997 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/ Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Ricardo Milton, director of American Dream Homes, made the presentation for the resolution. He asked for abatement for these homes that will be constructed on Broadway Street. Council Member Coleman made a motion to adopt the resolution, seconded by Council Member Pfeifer. The resolution was adopted by a roll call vote of seven ayes. RESOLUTION NO. 2504 -97 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 936 AND 938 WEST LA SALLE AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION FOR THE BENEFIT OF: GARDEN HOMES, 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 936 AND 938 West LaSalle, South Bend, Indiana, and which are more particularly described as follows: 936 W. LaSalle Lot 59, Cobb's Sub. BOL 30 938 W. LaSalle Lot 58, Cobb's Sub. BOL 30 together now known as and having tax key number 18 1027 1193 and 18 1027 1192, 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, 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: 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: 1 I 1 REGULAR MEETING AUGUST 25, 1997 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 Untied 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 H. 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 Col 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 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. lsl Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Dea Andrews, 223 S. Scott, a indicated these two lots particular neighborhood Pfeifer made a motion to Council Member Coleman. call vote of seven ayes. BILLS, FIRST READING representative of South Bend Heritage were part of a plan to help this to become revitalized. Council Member adopt this resolution, seconded by The resolution was adopted by a roll BILL NO. 84 -97 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH OF MISHAWAKA AVENUE FROM THE REGULAR MEETING AUGUST 25, 1997 EAST RIGHT -OF -WAY OF SOUTH 25TH STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY EAST OF 25TH STREET FOR A DISTANCE OF APPROXIMATELY 128 FEET AND A WIDTH OF 12 FEET. PART LOCATED IN BERNER GROVE 1ST ADDITION, 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 September 8, seconded by Council Member Coleman. The motion carried. UNFINISHED BUSINESS Council Member Coleman made a motion to refer Bill nos. 62, 66, and 69 -97 to the Zoning and Annexation Committee and set them for public hearing and third reading on September 8, seconded by Council Member Varner. The motion carried. Council Member Coleman made a motion to refer Bill No. 65 -97 to the Zoning and Annexation Committee and set it for public hearing and third reading on September 8, seconded by Council Member Varner. The motion carried. PRIVILEGE OF THE FLOOR Jim Cierzniak, 1156 E. Victoria, spoke against the way money is being spent by the Hall of Fame. There being no further business to come before the Council unfinished or new, Council Member Kelly adjourned the meeting at 7:45 p.m. ATTEST: ATTEST: President C] 1