HomeMy WebLinkAbout07-12-04 Council Meeting Minutes REGULAR MEETING JULY 12, 2004
Be it remembered that the Common Council of the City of South Bend, Indiana met in
the Council Chambers of the County-City Building on Monday, July 12, 2004, at 7:00
p.m. The meeting was called to order by President Karen L. White and the Invocation
and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
Present: Derek Dieter 1st District
Charlotte Pfeifer 2nd District
Roland Kelly 3rd District Vice-President
Ann Puzzello 4th District
David Varner 5th District
Ervin Kuspa 6th District
Sean Coleman At-Large Chairperson, Committee of the Whole
Al `Buddy"Kirsits At-Large
Karen L. White At-Large President
OTHERS PRESENT:
Kathleen Cekanski-Farrand, Council Attorney
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy City Clerk
Janice I. Talboom Deputy City Clerk
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 June 28, 2004 meetings of the Council and found them to be correct.
Therefore, we recommend the same be approved.
Members of the Sub-Committee on Minutes ,
s/Karen L. White
s/David Varner
Councilmember Colman made a motion that the minutes of the June 28, 2004,meeting of
the Council be accepted and placed on file. Councilmember Puzzello seconded the
motion which carried by a voice vote of nine (9) ayes.
SPECIAL BUSINESS
Council District Updates— 1st District—Councilmember Derek D. Dieter
Councilmember Derek D. Dieter gave a report from the City of South Bend Engineering
Department regarding Public Works Projects that are currently going on in the 1St District
and that will continue throughout the rest of this year and possibly into 2005. The first is
the Riverside walk project,which starts at the Angela bridge and will continue to Keller
Park and end at the Darden Bridge. This project will allow citizens to walk, run and ride
bikes and enjoy the scenery along the St. Joseph River. The next project is a street
landscape project on Sherman Avenue from the 1700 - 1800 block running from
Riverside to Kinyon, also on Portage Avenue from California Avenue to Angela
Boulevard that will consist of new curbs, sidewalks, and tree lawns (removing older trees
and replacing with young saplings.) Councilmember Dieter stated that the Northwest
Neighborhood in collaboration with other entities will be building two (2)new homes,
one will be in the 1000 block of Portage Avenue and the other will be on the corner of
California and Leland Avenues. These homes will be built by Weiss Homes and
Construction; they will be $100,000.00 homes that will be built. The architecture will be
similar to homes in the neighborhood. There will be$20,000.00 in subsidies for people
interested in purchasing these homes. The homes will be from 1400 to 1600 square feet.
Councilmember Dieter indicated that the roundabouts along Portage Avenue will be
started this month and will run from Lathrop all the way to Cleveland Road. There is
sewer work that is being done around Huey and Brookfield Streets. There is currently a
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REGULAR MEETING JULY 12,2004
large sewer project that is being done currently along Elwood Avenue. Councilmember
Dieter further noted that the Loud and Raucous Noise Ordinance that was recently passed
by the South Bend Common Council has been very successful, to date the South Bend
Police Department has written 171 tickets since the May 8, 2004 implementation date.
Councilmember Dieter encourages citizens that encounter loud noise coming from homes
or cars to call the Loud and Raucous Noise Hotline. There have been approximately 48
letters that have been sent out to date advising the owner of the home and or vehicle that
they have been cited on the hot line, the letter serves as a warning, and that the next
complaint will generate a ticket. Councilmember Dieter proudly announced that he has
implemented the 1st District Citizen and 1st District Youth of the Month Award. The
Citizen of the month award seeks to recognize a resident of the 1st District who has
contributed to the quality of life through a single act or continuous involvement in the
district. The Youth of the month award seeks to recognize a youth who is a resident of
the 1St District or attending school in the 1st District. The award will go to a youth who
has shown commitment to improving the district through academics, community work
athletics or a single act. Councilmember Dieter noted that the demolition of the YWCA
has been complete. Finally, Councilmember Dieter stated that there are many exciting
and wonderful things happening in the 1st District and looks forward to working with the
residents of the 1st District.
RESOLUTION NO. 3349-04 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
J. DOUGLAS DAUGHERTY ANNEXATION
AREA
WHEREAS, there has been submitted to the Common Council of the City of
South Bend, Indiana, an Ordinance and a petition by the sole (100%)property owner
which proposes the annexation of real estate located in German Township, St. Joseph
County, Indiana, which is described more particularly in Section I of this Resolution,
and;
WHEREAS, the territory proposed to be annexed encompasses approximately
0.41 acres of land containing one single family home,which property is at least 12.5%
contiguous to the current City limits, i.e., approximately 100% contiguous, generally
located at the northeast corner of Cleveland Road and Brick Road. It is anticipated that
in the future the annexation area may be developed for either commercial or industrial
use, which will require a basic level of municipal public services, of a non-capital
improvement nature, including police and fire protection, street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a
capital improvement nature, including street and road construction, street lighting, a
sanitary sewer system, a water distribution system, a storm water system and drainage
plan; and
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,
sewage collection, street sweeping, flushing, and snow removal, police and fire
protection, and other non-capital services normally provided within the corporate
boundaries, and services of a capital improvement nature, including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and
a storm water system 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 in standard and scope to similar non-capital services provided to areas within the
corporate boundaries of the City of South Bend,regardless of similar topography,
patterns of land use, or population density; (5) that the services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date
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REGULAR MEETING JULY 12,2004
of the annexation in the same manner as the services are provided to areas within the
corporate boundaries of the City of South Bend, regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state
and local laws; and (6) the plan for hiring the employees of other governmental entities
whose jobs will be eliminated by the proposed annexation; and
WHEREAS, the Board of Public Works of the City of South Bend, and the Board
of Public Safety of the City of South Bend, have each approved a written fiscal plan and
established a policy for the provision of services to the territory proposed to be annexed,
which plan and policy the Common Council finds to be appropriate and in the best
interest of the City, and, which it desires to adopt.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed
to be annexed that the following described real property located in German Township, St.
Joseph County, Indiana, be annexed to the City of South Bend: "Lot number 1 (One) of
the Recorded plat of Lynn D. Daugherty's Minor Subdivision, being a part of the
Southwest Quarter of Section 17, T. 38 N., R. 2 E. German Township, St. Joseph County,
Indiana".
Section II. It shall be and hereby is now declared and established that it is the
policy of the City of South Bend, to furnish services to said territory of a non-capital
nature, such as police and fire protection, street and road maintenance, sewage collection,
street sweeping, flushing, and snow removal, 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 regardless of similar topography,patterns of land use,
or population density; and to furnish to said territory services of a capital improvement
nature, such as street and road construction, street lighting, a sanitary sewer extension, a
water distribution system, a storm water system, and drainage plan, within three (3) years
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 regardless of similar
topography,patterns of land use, or population density, and in a manner consistent with
federal, state and local laws, procedures, and planning criteria.
Section III. The Common Council for the City of South Bend shall and does
hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A", attached
hereto and made a part hereof, for the furnishing of said services to the territory to be
annexed, which Fiscal Plan provides among other things, that existing water main lines
and sewer main lines will be sufficient to service this area, with sewer upgrades to be
provided in the future; that no new street lighting will be needed; that no new streets are
contemplated at this time for this annexation area; and that runoff from this property is
accommodated in the roadside drainage system.
Section IV. This Resolution shall be in full force and effect from and of its date
of adoption by the Common Council and approval by the Mayor.
Karen L. White
Member, South Bend Common
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of
, 2 , at o'clock . m.
City Clerk
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REGULAR MEETING JULY 12, 2004
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
Councilmember Kuspa, Chairperson, Zoning&Annexation Committee, reported that this
Committee met this afternoon and it was the consensus of the Committee to send this bill
to the full Council with a favorable recommendation.
Mr. Larry Magliozzi, Assistant Director, Community Development, 1200 County-City
Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this
bill.
Mr. Magliozzi stated that this bill is a companion to Bill No. 36-04, which proposes to
annex contiguous territory in German Township to the City of South Bend. Mr.
Magliozzi indicated that the approval of this bill will allow for the written fiscal plan and
policy concerning the provision of services,both capital and non-capital in nature, to the
territory to be annexed. Mr. Magliozzi stated that the owner J. Douglas Daugherty is
voluntarily annexing the property. The parcel is 0.41 acre and is located on the north side
of Brick Road at the intersection of Cleveland Road.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Coleman made a motion to adopt this
Resolution. Councilmember Kuspa seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:16 p.m., Councilmember Coleman made a motion to resolve into the Committee of
the Whole. Councilmember Varner seconded the motion which carried by a voice vote
of nine (9) ayes. Councilmember Coleman, Chairperson, Committee of the Whole,
presiding.
Councilmember Coleman, noted that this is the portion of the meeting in which members
of the council meet as the Committee of the Whole in order to hear presentations and
public comment on bills that are presented for ordinance consideration. Each bill that
will be heard tonight will have a Public Hearing and after the hearing on each bill, the
committee will vote on the disposition of the bill,which typically is sent to the full
Council with either a favorable or an unfavorable recommendation. He noted that the
South Bend Municipal code requires that the Chairperson describes the procedure for the
hearings. The Committee operates in accord with the Council Rules and Procedures and
Roberts Rules of Order and Council Attorney Kathleen Cekanski-Farrand who serves as
the Parliamentarian. The procedure for the Public Hearing for each bill is conducted as
follows:
1. The title of the bill is read by the City Clerk.
2. Reports are presented from the pertinent Common Council Committee and/or the
Area Plan Commission.
3. A formal presentation in favor of the bill which is not subject to a time limit is
heard.
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REGULAR MEETING JULY 12, 2004
4. Comments are heard from members of the public who wish to speak in favor of
the bill. Each such member is limited to five (5) minutes for his/her presentation
and must begin by stating his/her name and residential address.
5. Any formal presentation against the bill or Resolution which is not subject to a
time limitation is heard.
6. Comments are heard from any members of the public wishing to speak against the
bill. Each member of the public speaking against the bill is limited to five (5)
minutes for his/her presentation and must also begin by stating his/her name and
residential address. With respect to those individuals speaking against, the total
time for comments by members of the public speaking against the bill is the
amount of time that was used by those speaking in favor of the bill or thirty(30)
minutes whichever is greater.
7. A five (5) minute rebuttal period is allowed for the persons who gave the formal
presentation in favor of the bill after which the public portion of the hearing is
closed.
8. Finally, the Council portion of the hearing takes place in which members will
discuss the bill and vote on its disposition
PUBLIC HEARINGS
BILL NO. 36-04 AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING
TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, CERTAIN LAND IN
GERMAN TOWNSHIP CONTIGUOUS THEREWITH;
J. DOUGLAS DAUGHERTY 23977 BRICK ROAD
SOUTH BEND, INDIANA 46628
Councilmember Kuspa, Chairperson, Zoning&Annexation Committee, reported that this
Committee met this afternoon and it was the consensus of the Committee to send this bill
to the full Council with a favorable recommendation.
Mr. J. Douglas Daugherty, 23977 Brick Road, South Bend, Indiana, made the
presentation for this bill.
Mr. Daugherty stated that he is the owner of the property and is seeking to voluntarily
annex this property into the City. He indicated that the parcel is approximately 0.41 acre
and is located in German Township, St. Joseph County, Indiana.
This being the time heretofore set for the Public Hearing on the above bill,proponents
and opponents were given an opportunity to be heard.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this bill, Councilmember Varner made a motion for favorable
recommendation to full Council concerning this bill and set for third reading on July 26,
2004. Councilmember White seconded the motion which carried by a voice vote of nine
(9) ayes.
BILL NO. 39-04 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $198,345 WITHIN
COMMUNITY &ECONOMIC DEVELOPMENT
FUND #212 FOR DISTRIBUTION PURSUANT TO
THE U.S. DEPARTMENT OF JUSTICE'S WEED
AND SEED GRANT PROGRAM
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REGULAR MEETING JULY 12, 2004
Councilmember Puzzello made a motion to continue this bill until the July 26, 2004
meeting of the Council. Councilmember Kuspa seconded the motion which carried by a
voice vote of nine ayes.
RISE AND REPORT
Councilmember White made a motion to rise and report to the full Council.
Councilmember Varner seconded the motion which carried by a voice vote of nine(9)
ayes.
ATTEST: ATTEST:
` ANVe
• oorde, City Clerk Sean Coleman, Chairperson
Committee of the Whole
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 7:24 p.m. Council
President Karen L. White presided with nine (9) members present.
BILLS - THIRD READING
There were no bills for third reading.
RESOLUTIONS
RESOLUTION NO. 3350-04 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN AS
2046 MEADE STREET AS A RESIDENTIALLY
DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR ALFRED
AND TIFFANY FULTZ
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 area commonly known as
2046 Meade Street, South Bend, Indiana, and which is more particularly described as
follows:
Street Address: Legal Description: Key Number:
2046 Meade Street Lot 549 Vernon Heights 18-2096-3601
as a Residentially Distressed 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
remonstrance's and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
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REGULAR MEETING JULY 12, 2004
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition
for real property tax abatement and the Statement of Benefits form meet the requirements
of Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area
meets one of the following conditions as formally established in Ordinance no. 8845-97,
which was passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only one
(1) or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-
25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or certificates
of occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the
following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area 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 seq.
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REGULAR MEETING JULY 12, 2004
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/Karen L. White
Member of the Common Council
Mr. Alfred Fultz, 2520 W. Calvert Street, South Bend, Indiana, made the presentation for
this bill.
Mr. Fultz indicated that he and his wife are seeking to build a 1,356 square foot, one-
story single family home. The home will have three bedrooms, two baths, an attached
garage and a full basement. The estimated value of the home will be $113,000.00.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this
Resolution. Councilmember Coleman seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3351-04 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH
BEND, INDIANA, COMMONLY KNOWN
AS 1310 AND 1314 WEST LISTON
STREET AS RESIDENTIALLY DISTRESSED
AREAS FOR PURPOSES OF A FIVE (5)YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR SOUTH BEND
HERITAGE FOUNDATION
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 area commonly known as
1310 and 1314 West Liston Street, South Bend, Indiana, and which are more particularly
described as follows:
Street Address: Legal Description: Key Number:
1310 West Liston St. Lot#14 of Studebaker and Hines Plat 18-1045-1948
&East %2 of
18-1045-1947
1314 West Liston St. Lot#13 of Studebaker and Hines Plat 18-1045-1946
&West %2 of
18-1045-1947
as a Residentially Distressed 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
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REGULAR MEETING JULY 12,2004
WHEREAS, the Council has determined that the qualifications for a residentially
distressed 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 determines and finds that the petition
for real property tax abatement and the Statement of Benefits form meet the requirements
of Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area
meets one of the following conditions as formally established in Ordinance no. 8845-97,
which was passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four(4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent(10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of this
Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area 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
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REGULAR MEETING JULY 12, 2004
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 seq.
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/Karen L. White
Member of the Common Council
Ms. Charlotte Sobel, Director of Real Estate Planning and Development, South Bend
Heritage Foundation, 803 Lincolnway West, South Bend, Indiana made the presentation
for this bill.
Ms. Sobel indicated that South Bend Heritage along with Habitat for Humanity propose
to construct two (2) single family homes. The homes will be approximately 1,000 to
1,200 square foot, one or two story homes. The homes will have three bedrooms, one
bathroom, and one car garage. Ms. Sobel stated that due to limited construction funding,
the homes will be built on crawlspaces. The estimated value of the homes will be
between$70,000 and$80,000 each.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Coleman made a motion to adopt this
Resolution. Councilmember Kelly seconded the motion which carried and the Resolution
was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3352-04 A RESOLUTION CONFIRMING THE
ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 6451,
6507, 6515, 6614, 6606, 6534, 6519, 6454, 6446,
6438 ERIE FALLS DRIVE, 1010, 1020, 1028,
1031, 1023, 1015, 1005 POTTER POINT DRIVE
AND 6526, 6462, 6454, 6444, 6436, 6428, 6429,
6439, 6445, 6453, 6507, 6513 REDENBACHER
COURT, AND 6430 ARMSTRONG DRIVE, LA
FAYETTE FALLS SUBDIVISION, SECTION
ONE AS RESIDENTIALLY DISTRESSED
AREAS FOR PURPOSES OF A FIVE (5)YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR KENDALL-WEISS, LLP
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 area commonly known as
20000-21000 Block (South Side) of Kern Road, South Bend, Indiana, and which is more
particularly described as follows:
Street Address: Legal Description: Key Number:
6451 Erie Falls Drive Lot 24 La Fayette Falls, Section 1 01-1002-002203
6507 Erie Falls Drive Lot 25 La Fayette Falls, Section 1 01-1002-002204
6515 Erie Falls Drive Lot 26 La Fayette Falls, Section 1 01-1002-002205
1010 Potter Point Drive Lot 204 La Fayette Falls, Section 1 01-1002-002206
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REGULAR MEETING JULY 12, 2004
1020 Potter Point Drive Lot 205 La Fayette Falls, Section 1 01-1002-002207
1028 Potter Point Drive Lot 206 La Fayette Falls, Section 1 01-1002-002208
1031 Potter Point Drive Lot 216 La Fayette Falls, Section 1 01-1002-002210
1023 Potter Point Drive Lot 217 La Fayette Falls, Section 1 01-1002-002211
1015 Potter Point Drive Lot 218 La Fayette Falls, Section 1 01-1002-002212
1005 Potter Point Drive Lot 219 La Fayette Falls, Section 1 01-1002-002213
6614 Erie Falls Drive Lot 220 La Fayette Falls, Section 1 01-1002-002214
6606 Erie Falls Drive Lot 221 La Fayette Falls, Section 1 01-1002-002215
6534 Erie Falls Drive Lot 222 La Fayette Falls, Section 1 01-1002-002216
6526 Redenbacher Court Lot 223 La Fayette Falls, Section 1 01-1002-002217
6462 Redenbacher Court Lot 237 La Fayette Falls, Section 1 01-1002-002218
6454 Redenbacher Court Lot 238 La Fayette Falls, Section 1 01-1002-002219
6444 Redenbacher Court Lot 239 La Fayette Falls, Section 1 01-1002-002220
6436 Redenbacher Court Lot 240 La Fayette Falls, Section 1 01-1002-002221
6428 Redenbacher Court Lot 241 La Fayette Falls, Section 1 01-1002-002223
6429 Redenbacher Court Lot 255 La Fayette Falls, Section 1 01-1002-002224
6439 Redenbacher Court Lot 256 La Fayette Falls, Section 1 01-1002-002225
6445 Redenbacher Court Lot 257 La Fayette Falls, Section 1 01-1002-002226
6453 Redenbacher Court Lot 258 La Fayette Falls, Section 1 01-1002-002227
6507 Redenbacher Court Lot 259 La Fayette Falls, Section 1 01-1002-002228
6513 Redenbacher Court Lot 260 La Fayette Falls, Section 1 01-1002-002229
6519 Erie Falls Drive Lot 261 La Fayette Falls, Section 1 01-1002-002230
6454 Erie Falls Drive Lot 262 La Fayette Falls, Section 1 01-1002-002231
6446 Erie Falls Drive Lot 263 La Fayette Falls, Section 1 01-1002-002232
6438 Erie Falls Drive Lot 264 La Fayette Falls, Section 1 01-1002-002233
6430 Armstrong Drive Lot 265 La Fayette Falls, Section 1 01-1002-002234
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., 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 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 determines and finds that the petition
for real property tax abatement and the Statement of Benefits form meet the requirements
of Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area
meets one of the following conditions as formally established in Ordinance no. 8845-97,
which was passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four(4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
11
REGULAR MEETING JULY 12, 2004
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or
G. The area(plus any areas previously designated under this subsection)will
not exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the
following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of this
Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area 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 seq.
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/Karen L. White
Member of the Common Council
Councilmember Coleman disclosed that he has had a prior relationship with the
petitioner, however after further discussion with Council Attorney Kathleen Cekanski-
Farrand it has been determined that no conflict of interest exists.
Mr. Derek Spier, Abonmarche Consultants, LLC, 750 Lincolnway East, South Bend,
Indiana, made the presentation for this bill on behalf of the petitioner Kendall-Weiss,
LLP..
Mr. Spier indicated that the initial project will develop the first thirty (30) lots of a total
development that will eventually contain two hundred sixty-six (266) homes on 116.206
acres on the south side of Kern Road. The development will include 4 ponds, a
meandering stream and a waterfall. The property was recently annexed into the City of
South Bend. The homes will be stick-built, single family homes. Approximately half of
the homes will be 1,500 square foot villas and the remaining homes will be 1,800 to
12
REGULAR MEETING JULY 12, 2004
2,000 square foot conventional homes. The homes will be constructed by Weiss Homes,
Inc., and the average cost of homes within this development is expected to be $152,500.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilman Pfeifer made a motion to adopt this
Resolution. Councilmember Puzzello seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3353-04 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 4415, 4405, 4337,
4327, 4324, 4332, 4340, 4339 JADE CROSSING
DRIVE, 4628, 4620, 4614, 4606, 4548, 4540, 4532
ACACIA PLACE, 4324, 4330, 4338, 4333, 4327
TURQUOISE TRAIL DRIVE, 4535, 4525
CHERRY POINTE DRIVE, 4315 JADE
CROSSING DR. OR 4635 ACACIA PLACE, 4318
TURQUOISE TRAIL DRIVE OR 4527 ACACIA
PLACE, 4346 TURQUOISE TRAIL DRIVE OR
4524 CHERRY POINTE DRIVE, 4542 CHERRY
POINTE DRIVE OR 4347 TURQUOISE TRAIL
DRIVE,4315 TURQUOISE TRAIL DRIVE OR
4545 ACACIA PLACE, 4316 JADE CROSSING
DRIVE OR 4611 ACACIA PLACE, 4348 JADE
CROSSING DRIVE OR 4608 CHERRY POINTE
DRIVE AND 4408 JADE CROSSING DRIVE OR
4609 CHERRY POINTE DRIVE, JADE
CROSSING SUBDIVISION, SECTION TWO AS
RESIDENTIALLY DISTRESSED AREAS FOR
PURPOSES OF A FIVE (5) YEAR
RESIDENTIAL REAL PROPERTY TAX
ABATEMENT FOR CLELAND BUILDERS, 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 area commonly known as
lot numbers 4 through 15 and 43 through 60 Jade Crossing Subdivision, Section 2, South
Bend, Indiana, and which are more particularly described as follows:
Street Address: Legal Description: Key Number:
4415 Jade Crossing Dr Lot 4 Jade Crossing, Section 2 25-1013-020751
4405 Jade Crossing Dr Lot 5 Jade Crossing, Section 2 25-1013-020752
4337 Jade Crossing Dr Lot 6 Jade Crossing, Section 2 25-1013-020753
4327 Jade Crossing Dr Lot 7 Jade Crossing, Section 2 25-1013-020754
*4315 Jade Crossing Dr Lot 8 Jade Crossing, Section 2 25-1013-020755
*4635 Acacia Place
4628 Acacia Place Lot 9 Jade Crossing, Section 2 25-1013-020756
4620 Acacia Place Lot 10 Jade Crossing, Section 2 25-1013-020757
4614 Acacia Place Lot 11 Jade Crossing, Section 2 25-1013-020758
4606 Acacia Place Lot 12 Jade Crossing, Section 2 25-1013-020759
4548 Acacia Place Lot 13 Jade Crossing, Section 2 25-1013-020760
4540 Acacia Place Lot 14 Jade Crossing, Section 2 25-1013-020761
4532 Acacia Place Lot 15 Jade Crossing, Section 2 25-1013-020762
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REGULAR MEETING JULY 12, 2004
*4318 Turquoise Trail Drive Lot 43 Jade Crossing, Section 2 25-1013-020790
*4527 Acacia Place
4324 Turquoise Trail Drive Lot 44 Jade Crossing, Section 2 25-1013-020791
4330 Turquoise Trail Drive Lot 45 Jade Crossing, Section 2 25-1013-020792
4338 Turquoise Trail Drive Lot 46 Jade Crossing, Section 2 25-1013-020793
*4346 Turquoise Trail Drive Lot 47 Jade Crossing, Section 2 25-1013-020794
*4524 Cherry Pointe Drive
*4542 Cherry Pointe Drive Lot 48 Jade Crossing, Section 2 25-1013-020795
*4347 Turquoise Trail Drive
4339 Jade Crossing Drive Lot 49 Jade Crossing, Section 2 25-1013-020796
4333 Turquoise Trail Drive Lot 50 Jade Crossing, Section 2 25-1013-020797
4327 Turquoise Trail Drive Lot 51 Jade Crossing, Section 2 25-1013-020798
*4315 Turquoise Trail Drive Lot 52 Jade Crossing, Section 2 25-1013-020799
*4545 Acacia Place
*4316 Jade Crossing Drive Lot 53 Jade Crossing, Section 2 25-1013-020900
*4611 Acacia Place
4324 Jade Crossing Drive Lot 54 Jade Crossing, Section 2 25-1013-020901
4332 Jade Crossing Drive Lot 55 Jade Crossing, Section 2 25-1013-020902
4340 Jade Crossing Drive Lot 56 Jade Crossing, Section 2 25-1013-020903
*4348 Jade Crossing Drive Lot 57 Jade Crossing, Section 2 25-1013-020904
*4608 Cherry Pointe Drive
*4408 Jade Crossing Drive Lot 58 Jade Crossing, Section 2 25-1013-020905
*4609 Cherry Pointe Drive
4535 Cherry Pointe Drive Lot 59 Jade Crossing, Section 2 25-1013-020906
4525 Cherry Pointe Drive Lot 60 Jade Crossing, Section 2 25-1013-020907
* Identifies corner lot, which may be developed using one of the above addresses.
be designated as a Residentially Distressed 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 a residentially
distressed 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 determines and finds that the petition
for real property tax abatement and the Statement of Benefits form meet the requirements
of Indiana Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area
meets one of the following conditions as formally established in Ordinance no. 8845-97,
which was passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or contain only
one (1) or two (2) family dwellings designed for up to four (4) families, including
accessory buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25;
or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
14
REGULAR MEETING JULY 12, 2004
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or
certificates of occupancy, or the areas are owned by Indiana or the United States;
or
G. The area (plus any areas previously designated under this subsection) will
not exceed ten percent(10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the
following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for
projects of this nature;
C. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described
redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
E. The deduction will not be allowed unless the dwelling is rehabilitated to
meet local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is
completed within five (5) calendar years from the date of the adoption of this
Resolution by the Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as a Residentially Distressed Area 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 seq.
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/Karen L. White
Member of the Common Council
{
Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend,
Indiana, made the presentation for this bill on behalf of the petitioner Cleland Builders,
Inc.
Mr. Feeney advised that the petitioner would like to continue development of the Jade
Crossing subdivision. Jade Crossing is located directly South of Brick Road, midway
between Portage Avenue and the U.S. 31 Bypass. In Phase 2, the petitioner proposes to
build thirty (30) stick built homes on identified lots in Exhibit A. The homes will
average between 1,200 and 1,600 square feet, with three to four bedrooms, 1-1 %2 baths,
two car attached garages and full basements. The average home within Phase 2 will cost
$150,000.00 make the total project cost approximately$4,500,000.00
A Public Hearing was held on the Resolution at this time.
15
REGULAR MEETING JULY 12, 2004
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, councilmember Varner made a motion to adopt this
Resolution. Councilmember Kelly seconded the motion which carried and the Resolution
was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3354-04 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 702 SOUTH
CARROLL STREET AND 722 SOUTH
CARROLL STREET AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5)YEAR PERSONAL PROPERTY
TAX ABATEMENT FOR CURTIS PRODUCTS,
INC.
WHEREAS, a petition for personal property tax abatement consideration 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 702 South Carroll Street and
722 South Carroll Street, South Bend, Indiana, and which is more particularly described
as follows:
Lot A Monroe Sample Replat
Lot B Monroe Sample Replat
Lot G Monroe Sample Replat
Lot E Monroe Sample Replat
Lot F Monroe Sample Replat
and which have Key Numbers 18-3025-0910, 18-3025-0912, 18-3021-0793, 18-3024-
090101, 18-3092-3513, and 18-3025-090401 be designated as an Economic
Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sm., and South
Bend Municipal Code Sections 2-76 et seg., 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 area qualifies as an Economic Revitalization Area
under Indiana Code 6-1.1-12.1, et sue., 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 Community 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 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is
reasonable for equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
c. That the estimate of the annual salaries of those 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;
16
REGULAR MEETING JULY 12, 2004
d. Any other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed 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 Statement of Benefits as set forth in Sections 1 through 3 of the Petition
for Personal Property Tax Abatement Consideration, the Memorandum of Agreement
between the Petitioner and the City of South Bend, 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.
SECTION III. The Common Council hereby accepts the report and
recommendation of the Department of Community and Economic Development, and the
Community and Economic Development Committee's favorable recommendation, that
the area herein described be designated as an Economic Revitalization Area for purposes
of personal property tax abatement and hereby makes such a designation.
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 for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of 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/Karen L. White
Member of the Common Council
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. John Heckaman, 1520 E. LaSalle Avenue, South Bend, Indiana, made the 1j
presentation for this bill.
Mr. Heckaman advised that Curtis Products provides fabricated tube assemblies for
original equipment manufacturers engaged primarily in agricultural and automotive
industries throughout the United States. The new equipment will allow the company to
meet new production requirements necessary to fill recent contracts with John Deere and
Meyer Stamping. Mr. Heckaman stated that the estimated total cost of the new
equipment will be $350,000.00. The project will create 5-6 new, permanent jobs with the
first year, representing a new annual payroll of$150,000-$180,000 and will maintain 99
existing permanent full-time and 30 existing part-time jobs representing an annual payroll
of$3,662,920.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in {�
opposition to this Resolution, Councilmember Kelly made a motion to adopt this
17
REGULAR MEETING JULY 12,2004
Resolution. Councilmember Coleman seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3355-04 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 1137 SOUTH
LAFAYETTE BLVD. AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF
A FIVE (5) YEAR PERSONAL PROPERTY
TAX ABATEMENT FOR EXACTO, INC.
OF SOUTH BEND
WHEREAS, a petition for personal property tax abatement consideration 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 1137 South Lafayette Blvd.,
South Bend, Indiana, and which is more particularly described as follows:
Beginning at the SW corner of Lot 7, Stull's Second Edition; thence N
along the E Right-of-way of an alley a distance of 336.06 Feet + or—to
a point; said point being the NW corner of the S %2 of Lot 64, South
Bend City Edition; thence E along the northern Boundary of said 1/2 of
lot 64 which is on the Western right-of way of Lafayette Blvd.; thence S
a distance of 275 feet + or — to the SE corner of Lot 6, Stull's Second
Edition; thence, W A Distance of 125 feet to a point; thence S 66 feet to
a point; thence, W 40 feet to a point of beginning. All being within the
city of South Bend, Country of St. Joseph, State of Indiana.
which has Key Numbers 18-8006-0288, 18-8002-0115, 18-8006-0282, 18-8006-
028201, 18-8006-0285, 18-8006-028501 and 18-8002-0116 as an Economic
Revitalization Area; under the provisions of Indiana Code 6-1.1-12.1 et seq., and South
Bend Municipal Code Sections 2-76 et seq., 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 area qualifies as an Economic Revitalization Area
under Indiana Code 6-1.1-12.1, 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 Community 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 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is
reasonable for equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
c. That the estimate of the annual salaries of those 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;
18
REGULAR MEETING JULY 12, 2004
d. Any other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed 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 Statement of Benefits as set forth in Sections 1 through 3 of the Petition
for Personal Property Tax Abatement Consideration, the Memorandum of Agreement
between the Petitioner and the City of South Bend and that the Statement of Benefit 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.
SECTION III. The Common Council hereby accepts the report and
recommendation of the Department of Community and Economic Development, and the
Community and Economic Development Committee's favorable recommendation, that
the area herein described be designated as an Economic Revitalization Area for purposes
of personal property tax abatement and hereby makes such a designation.
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 for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of 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/Karen L. White
Member of the Common Council
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Gunther Jordan, 1137 S. Lafayette Blvd., South Bend, Indiana, made the presentation
for this bill.
Mr. Jordan thanked the Council for this Resolution designating a five (5) year tax
abatement for Exacto Inc. of South Bend. Mr. Jordan advised that they propose to
purchase manufacturing equipment to increase production capacity to meet increased
customer demand. The total cost is estimated to be$600,000. The project will create 8
new, permanent jobs within the first year, representing a new annual payroll of$183,040
and will help maintain 78 existing permanent full-time jobs representing an annual
payroll of$1,898,000. Mr. Jordan also stated that Exacto currently has 80 employees,
which include 44 minority individuals, 5 Afro-American, 13 Asian, 26 Hispanic. He also
stated that among the current 80 employees 9 are zone residents.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Coleman made a motion to adopt this
19
REGULAR MEETING JULY 12, 2004
Resolution. Councilmember Kelly seconded the motion which carried and the Resolution
was adopted by a roll call vote of nine (9) ayes.
RESOLUTION NO. 3356-04 A RESOLUTION OF THE COMMON COUNCIL
COUNCIL OF THE CITY OF SOUTH BEND,
DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 2820 VIRIDIAN
DRIVE AS AN ECONOMIC REVITALIZATION
AREA FOR PURPOSES OF A FIVE (5)YEAR
PERSONAL PROPERTY TAX ABATEMENT
FOR MACK TOOL &ENGINEERING, INC.
WHEREAS, a petition for personal property tax abatement consideration 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 2820 Viridian Drive, South
Bend, Indiana, and which is more particularly described as follows:
A part of the Southeast Quarter of Section 28, Township 38 North,
Range 2 East, of the Second Principal Meridian, City of South Bend, St.
Joseph County, Indiana and described as follows:
Commencing at the Northeast corner of the Southeast Quarter of said
Section 28, said point being at the intersection of Bendix and Boland
Drives; thence South 89°58'56" West (bearing assumed) along the
Southerly right-of-way line of Boland Drive 1242.51 feet to the Point of
Beginning; thence South 00°21'33" West, 293.00 feet; thence South
89°58'56" West, 260.00 feet; thence North 00°21'33" East, 293.00 feet;
thence North 89°58'56" East, 260.00 feet to the Point of Beginning and
containing 1.75 acres, more or less; and is subject to all easements,
restrictions and/or covenants of record.
and which has Key Number 25-1010-040029 be designated as an Economic
Revitalization Area under the provisions of Indiana Code 6-1.1-12.1 et sue., and South
Bend Municipal Code Sections 2-76 et seq., 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 area qualifies as an Economic Revitalization Area
under Indiana Code 6-1.1-12.1, 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 Community 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 et seq., that:
a. The estimate of the cost of the new manufacturing equipment is
reasonable for equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner can reasonably be expected to result
from the proposed installation of new manufacturing equipment;
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REGULAR MEETING JULY 12,2004
c. That the estimate of the annual salaries of those 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;
d. Any other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed new manufacturing
equipment; and
f. 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 Statement of Benefits as set forth in Sections 1 through 3 of the Petition
for Personal Property Tax Abatement Consideration, the Memorandum of Agreement
between the Petitioner and the City of South Bend and that the Statement of Benefit 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.
SECTION III. The Common Council hereby accepts the report and
recommendation of the Department of Community and Economic Development, and the
Community and Economic Development Committee's favorable recommendation, that
the area herein described be designated as an Economic Revitalization Area for purposes
of personal property tax abatement and hereby makes such a designation.
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 for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5-3-1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of 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/Karen L. White
Member of the Common Council
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Paul Hartz, 15722 Sunrise Trail, Granger, Indiana, made the presentation for this bill.
Mr. Hartz advised that Mack Tool & Engineering, Inc., is a machine shop which
manufactures prototype and experimental parts primarily for use in the medical and
aerospace industries. Mr. Hartz stated that they would like to increase its production
capacity with the acquisition of new equipment. The total cost is estimated to be
$1,000,000.00.
A Public Hearing was held on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Kelly made a motion to adopt this
Resolution. Councilmember Coleman seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
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REGULAR MEETING JULY 12,2004
RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING THE MAYOR TO SUBMIT TO
THE UNITED STATES GOVERNMENT,
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AN APPLICATION FOR
A BROWNFIELDS ECONOMIC
DEVELOPMENT INITIATIVE GRANT
WHEREAS, the Mayor of the City of South Bend, Indiana, is the Chief Executive
Officer of the City and is the appropriate applicant for a Brownfields Economic
Development Initiative Grant.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. That the Mayor of the City of South Bend, Indiana, is hereby
authorized to submit a grant application in the amount of$2,000,000 to the United States
Department of Housing and Urban Development for a Brownfields Economic
Development Initiative Grant.
SECTION II. That the Mayor of the City of South Bend, Indiana, shall file with
the Common Council a complete copy of the Brownfields Economic Development
Initiative Grant application to be submitted by the Mayor to the United States Department
of Housing and Urban Development.
SECTION III. That for every activity,project, or program to be funded under this
resolution, the Mayor shall submit to the Common Council an appropriation ordinance
prior to expenditure of any funds received from the United States Department of Housing
and Urban Development upon approval of this application.
SECTION IV. That the Mayor shall be authorized to accept and affirm the grant
should one be awarded.
SECTION V. That the City of South Bend, Department of Community and
Economic Development be designated as the agency and office administering on behalf
of the City of South Bend any grant awarded under this application.
SECTION VI. That this resolution shall be in full force and effect from and after
its adoption by the Common Council and approval by the Mayor.
Karen L. White
Member of the Common Council
Councilmember Kelly, Chairperson, Community and Economic Development
Committee, reported that this committee held a Public Hearing on this bill this afternoon
and voted to send it to the full Council with a favorable recommendation.
Mr. Andy Laurent, Economic Development Depaitment, 1200 County-City Building,
South Bend, Indiana, made the presentation for this bill.
Mr. Laurent advised that this Resolution is authorizing the submission of a grant
application in the amount of$2,000,000.00 to the United States Department of Housing
and Urban Development through it's Brownfield Economic Development Initiative
(BEDI) program. Mr. Laurent further noted that if awarded the grant will be used in
conjunction with a new Section 108 Loan for the Studebaker/Oliver Redevelopment
Project. Activities to be funded with the Section 108 Loan and the BEDI Grant include
demolition of the former Stamping Plant, acquisition and demolition of remaining
Studebaker buildings south of Sample Street and related costs.
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REGULAR MEETING JULY 12,2004
Councilmember Pfeifer noted that she would like to have Mr. Laurent schedule a meeting
to talk further about Brownfield sites.
A Public Hearing was on the Resolution at this time.
There being no one present wishing to speak to the Council either in favor of or in
opposition to this Resolution, Councilmember Kelly made a motion to adopt this
Resolution. Councilmember Coleman seconded the motion which carried and the
Resolution was adopted by a roll call vote of nine (9) ayes.
BILLS, FIRST READING
BILL NO. 40-04 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
FIRST STREET TO BE VACATED IS THE
SOUTH HALF OF THE ANGELA BLVD. RIGHT
OF WAY FROM NOTRE DAME AVENUE EAST
FOR A DISTANCE OF 930 FEET, MORE OR
LESS, TO THE WEST RIGHT OF WAY LINE
OF EDDY STREET AND A WIDTH OF 40 FEET.
BECAUSE THE CITY LIMIT LINE GOES
DOWN THE CENTERLINE OF ANGELA BLVD
THE VACATION WILL BE FOR THE SOUTH
HALF OF THE RIGHT OF WAY ONLY. THE
SECOND STREET TO BE VACATED IS THE
WEST HALF OF THE EDDY STREET RIGHT
OF WAY FROM ANGELA BLVD. SOUTH A
DISTANCE OF 380 FEET, MORE OR LESS, TO
THE NORTH RIGHT OF WAY LINE OF
ANGELA BLVD. EXTENDED FROM NOTRE
DAME AVENUE AND A WIDTH OF 35 FEET.
AGAIN BECAUSE THE CITY LIMITS LINE
GOES DOWN THE CENTERLINE OF EDDY
STREET, THE VACATION WILL BE FOR THE
WEST HALF OF THE RIGHT OF WAY ONLY
This bill had first reading. Councilmember Coleman 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 July 26, 2004. Councilmember Varner seconded the motion which
carried by a voice vote of nine (9) ayes.
BILL NO. 41-04 FIRST READING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1533 PRAIRIE AVENUE,
COUNCILMANIC DISTRICT#6 IN THE
CITY OF SOUTH BEND, INDIANA
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Area Plan Commission. Councilmember Kelly seconded the motion which carried by
a voice vote of nine (9) ayes.
BILL NO. 42-04 FIRST READING ON A BILL AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 339 N. IRONWOOD,
COUNCILMANIC DISTRICT#4 IN THE
CITY OF SOUTH BEND, INDIANA
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REGULAR MEETING JULY 12,2004
This bill had first reading. Councilmember Coleman made a motion to refer this bill to
the Area Plan Commission. Councilmember Kelly seconded the motion which carried by
a voice vote of nine(9) ayes.
UNFINISHED BUSINESS
There was no unfinished business to come before the Council at this time.
NEW BUSINESS
There was no new business to come before the Council.
PRIVILEGE OF THE FLOOR
COMMENTS BY MR. JOHN SWANSON CONCERNING CITY WIDE YOUTH
CENTER
Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, informed the
Council that he would like to see a city wide youth center or gym open twenty-four(24)
hours a day.
COMMENTS BY MR. WILL TAYLOR CONCERNING DEMOLITION OF HOMES
Mr. Will Taylor, 1519 Marigold Way, South Bend, Indiana, informed the Council that he
would like to see proceedings stopped on the demolition of homes in South Bend. Mr.
Taylor stated that to date approximately 150 homes have been demolished. He also
indicated that there have been 244 homes foreclosed on this year. Mr. Taylor suggested
that around the Colfax/Orange area there should be one way streets. He believes that
there would be more room for cars to drive through and relieve some of the congestion on
the narrow streets.
ANNOUNCEMENT OF NEXT MEETING
Council President White announced that the next meeting of the Common Council will
be held on Monday, July 26, 2004.
ADJOURNMENT
There being no further business to come before the Council, President White adjourned
the meeting at 8:05 p.m.
ATTEST: ATTEST:
• oorde, City Clerk aren L. White, President
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