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HomeMy WebLinkAbout06-10-96 Council Meeting MinutesREGULAR MEETING JUNE 10. 1996 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, June 10, 1996, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Luecke, Pfeifer, Kelly, Broden, Varner, Zakrzewski, Coleman Hosinski and Washington 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 28, meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Roland Kelly ls/ David Varner Council Member Coleman made a motion that the minutes of the May 28, 1996, meeting be accepted and placed on file, seconded by Council Member Washington. The motion carried. REPORT OF CITY OFFICES Kathy Dempsey, Director of Code Enforcement, reported that their department had completed 47,000 inspections last year, of which 30,000 were environmental problems. She indicated there has been a 36% increase in environmental inspections, and they are having an 80% success rate on environmental problems. She discussed other successes Code Enforcement has made. Council Member Coleman made a motion to resolve into the Committee of the Whole, seconded by Council Member Zakrzewski. 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 7:11 p.m. with nine members present. Chairman Washington presiding. BILL NO. 22 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RUSKIN STREET (BETWEEN ROBERTS & EMERSON STREETS) 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 Zakrzewski. The motion carried. BILL NO. 33 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO INCLUDE ARCADES AS A USE WHICH IS PERMISSIBLE IN COMMUNITY CENTERS AND REGIONAL CENTERS WITHIN C2 DISTRICTS A public hearing was held on the resolution at this time. Council Member Zakrzewski reported that the Zoning and Annexation Committee met on this bill and recommended it to the Council favorable. John Byorni, Area Plan, made the presentation for the bill. He reported that this was a bill initiated by the Common Council which includes arcades as a permissible use in community centers and regional centers within C2 districts. He indicated arcades were overlooked with this district was established, and REGULAR MEETING JUNE 10, 1996 in fact, there is an arcade in operation at Scottsdale, therefore, this bill would correct the situation. Council Member Luecke made a motion to amend this bill by substitution, seconded by Council Member Coleman. The motion carried. Council Member Coleman made a motion to recommend this bill to the Council favorable, as amended, seconded by Council Member Hosinski. The motion carried. BILL NO. 26 -96 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST -WEST ALLEY SOUTH OF SUNNYMEDE AVE., FROM THE EAST RIGHT -OF -WAY LINE OF S. TWYCKENHAM DR., TO THE PROPERTY OF LOT 873, WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE, RUNNING ADJACENT TO GRAND TRUNK WESTERN RAILWAY FOR A DISTANCE OF APPROXIMATELY 164 FEET AND A WIDTH OF 16 FEET. PART SITUATED IN WHITCOMB AND KELLER'S FOURTH ADDITION TO SUNNYMEDE IN THE CITY OF SOUTH BEND. Council Member Coleman made a motion to continue public hearing on this bill until July 8, at the request of the petitioner, seconded by Council Member Zakrzewski. The motion carried. BILL NO. 32 -96 A BILL TO VACATE ALL STREETS AND ALLEYS SOUTH OF VACATED ELDER STREET, EAST OF MICHIGAN STREET, WEST OF CARROLL STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA, INCLUDING ALL STREETS AND ALLEYS SOUTH OF OHIO STREET, EAST OF CARROLL STREET, WEST OF FELLOWS STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA STREET. FURTHER INCLUDING KEASEY STREET EAST OF FELLOWS AND WEST OF MARIETTA. This being the time heretofore set for public hearing on this 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. Gabriel Okafor, Economic Development specialist, made the presentation for the bill. He indicated there were requesting the vacation of streets and alleys for the new juvenile center, as well as the Ivy Tech campus. He indicated the Economic Development Department met with groups that will be effected by this bill. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Coleman. The motion carried. BILL NO. 39 -96 A BILL OF THE COMMON COUNCIL APPROPRIATING $31,664.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM This being the time heretofore set for public hearing on this bill, proponents and opponents were given an opportunity to be heard. Council Member Luecke reported that the Personnel and Finance Committee had met on this bill and recommended it to the Council favorable. Cleo Hickey, director of the Morris Civic, made the presentation for the bill. She indicated they were requesting funds be appropriated in order to repair the building, buy house and stage equipment, as well as repair the stage floor, sound and lighting systems. Council Member Luecke made a motion to recommend this bill to the Council favorable, seconded by Council Member Varner. The motion carried. Council Member Coleman made a motion to rise and report to the Council, seconded by Council Member Zakrzewski. The motion REGULAR MEETING carried. ATTEST: ity k REGULAR MEETING RECONVENED JUNE 10, 1996 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 7:21 p.m. Council President Kelly presiding, and nine members present. ORDINANCE NO. 8683 -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO INCLUDE ARCADES AS A USE WHICH IS PERMISSIBLE IN COMMUNITY CENTERS AND REGIONAL CENTERS WITHIN C2 DISTRICTS This bill had third reading. Council Member Luecke made a motion to amend this bill, as amended in the Committee of the Whole, seconded by Council Member Coleman. The motion carried. Council Member Zakrzewski made a motion to pass the bill, as amended, seconded by Council Member Coleman. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8684 -96 AN ORDINANCE TO VACATE ALL STREETS AND ALLEYS SOUTH OF VACATED ELDER STREET, EAST OF MICHIGAN STREET, WEST OF CARROLL STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA, INCLUDING ALL STREETS AND ALLEYS SOUTH OF OHIO STREET, EAST OF CARROLL STREET, WEST OF FELLOWS STREET AND NORTH OF FIRST EAST /WEST ALLEY SOUTH OF PENNSYLVANIA STREET. FURTHER INCLUDING KEASEY STREET EAST OF FELLOWS AND WEST OF MARIETTA. This bill had third reading. Council Member Coleman made a motion to pass this bill, seconded by Council Member Washington. The bill passed by a roll call vote of nine ayes. ORDINANCE NO. 8485 -96 A BILL OF THE COMMON COUNCIL APPROPRIATING $31,664.00 FROM THE MORRIS CIVIC AUDITORIUM IMPROVEMENT FUND FOR THE PURPOSE OF PERFORMING VARIOUS REPAIRS AT THE MORRIS CIVIC AUDITORIUM SOUTH BEND, INDIANA This bill had third motion to pass this The bill passed by RESOLUTIONS reading. Council Member Zakrzewski made a bill, seconded by Council Member Coleman. a roll call vote of nine ayes. RESOLUTION NO. 2364 -96 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: 20 -2 MISHAWAKA AVENUE, 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 1 REGULAR MEETING JUNE 10, 1996 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 determination in writing on such requests pursuant to Indiana code section 36 -7- 4918.4; and 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: 2002 Mishawaka Ave., South Bend, Indiana 46615 in order to permit off -site parking on IM Residential Lot 4 of the N.P.O. REPLAT, owned by Dr. Robert L. Proudfit, O.D. 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; 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 Southbound. 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. /s /Roland Kelly Member of the Common Council A public hearing was held on the resolution at this time. Council Member Zakrzewski reported that the Zoning and Vacation Committee had met on this bill and recommended it to the Council favorable. Malcolm Tuesley, attorney, made the presentation for the resolution. He indicated Dr. Proudfit was asking for this special exception in order to change the setback, and receive relief on screening, as he plans to expand his office and this REGULAR MEETING JUNE 10, 1996 will provide greater safety for workers and clients in the darkness hours. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Varner. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 2365 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS THE NORTH SIDE OF NIMTZ PARKWAY, NEXT TO 5301 NIMTZ PARKWAY, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY 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 North Side of Nimtz Parkway, Next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the Southeast Quarter (SE1 /4) of Section 20, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped JM&B 13" marking the Northwest corner of the Southeast Quarter (SE1 /4) of said Section 20; thence south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana, in Deed Record 538, Page 72; thence continuing south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right - of -way line of said F. Jay Nimtz Parkway (80 foot right -of- way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped IM&B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Eastwardly and Southeastwardly along the North right -of -way line of said F. Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 degrees 19 minutes 53 seconds West parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE1 /4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. 1 -1 REGULAR MEETING JUNE 10, 1996 and which has Key Number 25 1018 0628 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 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. REGULAR MEETING JUNE 10, 1996 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 RESOLUTION NO. 2366 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS THE NORTH SIDE OF NIMTZ PARKWAY, NEXT TO 5301 NIMTZ PARKWAY, SOUTH BEND, INDIANA, AN ECONOMIC REVITALIZATION ARA FOR PURPOSES OF PERSONAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF MIDWEST LAND COMPANY. WHEREAS, a petition for personal property tax abatement consideration has been filed with the Common Council of the City of South Bend, requesting that the area commonly known as North Side of Nimtz Parkway, next to 5301 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Part of the Southeast Quarter (SE1 /4) of Section 20, Township 38 North, Range 2 East, situate in German Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Commencing at a one inch iron pipe with a cap stamped JM&B 13" marking the Northwest corner of the Southeast Quarter (SE1 /4) of said Section 20; thence south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 427.00 feet to a drill hole set in concrete, said point being the Southwest corner of land conveyed to the State of Indiana, in Deed Record 538, Page 72; thence continuing south 00 degrees 19 minutes 53 seconds East along the West line of the Southeast Quarter (SE1 /4) of said Section 20 a distance of 44.25 feet to a drill hole set in concrete on the North right -of -way line of the F. Jay Nimtz Parkway; thence North 89 degrees 40 minutes 07 seconds East along the North right - of -way line of said F. Jay Nimtz Parkway (80 foot right -of- way) a distance of 786.63 feet to the place of beginning of this description; thence continuing North 89 degrees 40 minutes 07 seconds East along the North right -of -way line of said F. Jay Nimtz Parkway (80 foot right -of -way) a distance of 477.78 feet to a one inch pipe with a cap stamped IM&B 13" marking the point of curvature of a tangent curve to the right having a radius of 1640.00 feet and a central angle of 21 degrees 47 minutes 52 seconds; thence Eastwardly and Southeastwardly along the North right -of -way line of said F. Jay Nimtz Parkway and along said curve a distance of 623.93 feet; thence North 00 degrees 19 minutes 53 seconds West 1 1 REGULAR MEETING JUNE 10, 1996 parallel with the East line of land conveyed to the Board of Aviation Commissioners of St. Joseph County, Indiana in Deed Record 246, Page 274 a distance of 540.72 feet; thence North 89 degrees 47 minutes 15 seconds West parallel with the North line of the Southeast Quarter (SE1 /4) of said Section 20 and the North line of said Commissioners Land a distance of 1082.81 feet; thence South 00 degrees 11 minutes 51 seconds West parallel with the East line of land conveyed to the State of Indiana in Deed Record 538, Page 72 a distance of 433.76 feet to the place of beginning of this description. Containing 11.212 acres of land. and this property has Key Numbers 25 1018 0628 be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1,1- 12.1 -1 et sea., and South Bend Municipal Code Section 2 -76 et seq.; and 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 sea., and South Bend Municipal Code Sections 2- 76 et sea. and has further prepared maps and plats showing the boundaries and such other information regarding the 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 pursuant to Indiana Code 6 -1.1- 12.1 -4.5, that: (a) the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; (b) the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; ® the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed installation of new equipment; (d) any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed installation of new manufacturing equipment; and (e) the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the State of Benefits as set forth in Section 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the Petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6- 1.1 -12.1- 4.5. REGULAR MEETING NNE 10, 1996 SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Economic Development, and the Human Resources and Economic Development Committee's favorable recommendation, that the area herein described be designated as Economic Revitalization Area for purposes of personal property tax deduction for a period of five (5) years. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. 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 VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on said declaration. SECTION VII. 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 resolutions at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on this bill and recommend it to the Council favorable. Ernest Szarwark, attorney, made the presentation for the resolutions. He indicated the petitioner plans to build a manufacturing facility on 11.2 acres in the Blackthorn Development, which will be a state of the art finance and commercial printing facility, at a cost of $4 million. He indicated the equipment is estimated to cost $20 million. He reported that company would employ 200 people. Council Member Coleman made a motion to adopt Resolution No. 2365 -96, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to adopt Resolution No. 2366 -96, seconded by Council Member Luecke. The resolution was adopted by a roll call vote of nine ayes. Council Member Coleman made a motion to combine public hearing on the next two resolutions, seconded by Council Member Luecke. The motion carried. RESOLUTION NO. 2367 -96 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 LOT 594, VERNON HEIGHTS ADDITION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. 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 Lot 594 Vernon Heights Addition, South Bend, Indiana, and which are more particularly described as follows: LOT 594 VERNON HEIGHTS ADDITION REGULAR MEETING JUNE 10, 1996 which has tax key number 18- 22096 -3648, respectively 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 sec., and South Bend Municipal Code Sections 2 -76, et sect., 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 the following: A. At least thirty -five percent (35 %) of the parcels are currently vacant; B. 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; C. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; D. 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. 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. That 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 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. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to REGULAR MEETING JUNE 10, 1996 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. 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 RESOLUTION NO. 2368 -93 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 LOTS 5, 6, & 7, JACKSON SUB (UNRECORDED) ADDITION AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR VALUE PLUS CONSTRUCTION, INC. 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 Lots 5, 6 & 7, Jackson Sub (Unrecorded), South Bend, Indiana, and which are more particularly described as follows: LOTS 5,6, & 7, JACKSON SUB (UNRECORDED) which has tax key number 18 -2111 4089, 18 2111 4088 and 18 2111 4084, respectively be designated as Residentially Distressed Areas under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the areas qualify as Residentially Distressed Areas under Indiana Code 6 -1.1- 12.1, et sea., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the REGULAR MEETING JUNE 10, 1996 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 sea., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. At least thirty -five percent (35%) of the parcels are currently vacant; B. 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; C. A significant number of dwelling units in the areas are: I. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; D. 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. 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. That 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 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. 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 REGULAR MEETING JUNE 10, 1996 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. 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 resolutions at this time. Council Member Coleman reported that the Community and Economic Development Committee had met on these bills and recommended them to the Council favorable. Tom Ford, president of Value Plus, made the presentation for the resolutions. He indicated Value Plus has been doing infill housing in the City, and wanted to continue with building these homes. He presented a copy of the floor plan to the Council. Council Member Coleman made a motion to adopt Resolution No. 2366 -96, seconded by Council Member Washington. The resolution was adopted by a roll call vote of nine ayes. Council Member Luecke made a motion to adopt Resolution No. 2367 -96, seconded by Council Member Coleman. The resolution was adopted by a roll call vote of nine ayes. RESOLUTION NO. 2368 -96 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUBMITTING THE QUESTION OF REMOVAL OF THE WATER WORKS FROM THE JURISDICTION OF THE INDIANA UTILITY REGULATORY COMMISSION TO THE REGISTERED VOTERS OF THE MUNICIPALITY WHEREAS, the City of South Bend provides water service to its water utility ratepayers through the South Bend Water Works, a municipal utility governed by I.C. 8 -1.5; and WHEREAS, currently, all water rates and charges and the issuance of stocks, bonds, notes, or other evidence of indebtedness in connection with the provision of water serve to the ratepayers of the City of South Bend must be approved by the Indiana Utility Regulatory Commission (IURC), the Board of Water Works Commissioners, Common Council and Mayor; and WHEREAS, the City has the option of removing itself from the jurisdiction of the IURC for the approval of rates and charges and the issuance of stocks, bonds, notes or other evidence of indebtedness under Indiana Code Section 8- 1.5 -3 -9; and WHEREAS, the Common Council of the City of the City of South Bend believes it would be beneficial to the water utility ratepayers of the City of South Bend to remove the South Bend Water Works from the jurisdiction of the IURC because it would eliminate REGULAR MEETING JUNE 10, 1996 the costs and delays associated with IURC reviews. All decisions concerning just and reasonable rates and charges and the appropriate issuance of stocks, bonds, notes or other evidence of indebtedness would continue to be made by the Common Council, after approval by the Board of Water Works Commissioners and Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The City Clerk shall certify the following public question to the St. Joseph County election Board: Shall the municipally owned utility be taken out of the jurisdiction of the Utility Regulatory Commission for approval of rates and charges and of the issuance of stocks, bonds, notes, or other evidence of indebtedness ?. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council. /s /Roland Kelly Member, South Bend Common Council A public hearing was held on the resolution at this time. Council President Kelly made the presentation. He indicated the Council was asking that the question of whether or not the Water Works should be regulated by the IURC be placed on the November ballot. He indicated the Council was petitioning the Election Board to have the question on the ballot. Joyce Boaler, 1606 Hillsdale, indicated she was involved in a petition drive that has collected 1,305 signatures, and will continue with the drive through July 26. She asked for a written legal opinion that defines the correct aspects of this entire procedure. John Stancati, director of the Water Works, indicated they were in support of this resolution. Council Member Coleman made a motion to adopt this resolution, seconded by Council Member Zakrzewski. The resolution was adopted by a roll call vote of nine ayes. BILLS, FIRST READING BILL NO. 40 -96 A BILL TRANSFERRING $16,666.00 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on June 24, seconded by Council Member Luecke. The motion carried. BILL NO. 41 -96 A BILL TRANSFERRING $726,657 AMONG VARIOUS ACCOUNTS WITHIN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on June 24, seconded by Council Member Luecke. The motion carried. BILL NO. 42 -96 A BILL APPROPRIATING $8,250.00 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANTS PROGRAM This bill had first reading. Council Member Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for public hearing and third reading on June 24, seconded by Council Member Zakrzewski. The motion carried. REGULAR MEETING JUNE 10, 1996 BILL NO. 43 -96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1906 LEER ST., IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Council Member Luecke made a motion to refer this bill to Area Plan, seconded by Council Member Coleman. The motion carried. BILL NO. 44 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE MUNICIPAL CODE TO PROVIDE FOR LICENSING OF POOL HALLS AND TO ADD ADULT BUSINESSES TO THE SCHEDULING CHART OF LICENSING FEES This bill had first reading. Council Member Luecke made a motion to refer this bill to the Personnel and Finance Committee, and set it for public hearing and third reading on July 22, seconded by Council Member Coleman. The motion carried. BILL NO. 45 -96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE POOL HALLS OR BILLIARD HALLS AND TO ALLOW FOR THE PROMOTION OF POOL HALLS OR BILLIARD HALLS IN THE DOWNTOWN AND EAST BANK AREAS, WITHOUT THE LOCATIONAL RESTRICTIONS OF SECTION 21 -18(b) This bill had first reading. Council Member Coleman made a motion to refer this bill to Area Plan,- seconded by Council Member Zakrzewski. The motion carried. There being no further business to come before the Council unfinished or new, Council President Kelly adjourned the meeting at 7:50 p.m. V ATTES President 1