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HomeMy WebLinkAbout02-09-04 Council Meeting Minutes REGULAR MEETING FEBRUARY 9, 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, February 9, 2004, at 7:00 p.m. The meeting was called to order by Council 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 Absent: None 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 January 26, 2004 meeting 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 Councilmember Coleman made a motion that the minutes of the January 26, 2004 meetings of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a vote of nine (9) ayes. SPECIAL BUSINESS President White entertained a motion for the Special Meeting of the Common Council. Councilmember Coleman made a motion to allow for the Special Meeting on Wednesday, February 18, 2004 at 6:00 p.m. for the sole purpose of Second Reading, Public Hearing and Third Reading on (2nd) Substitute Bill No. 81-03 "The City of South Bend Zoning Ordinance." Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE -1- REGULAR MEETING FEBRUARY 9, 2004 At 7:05 p.m. Councilmember Pfeifer made a motion to resolve into the Committee of the Whole. Councilmember Coleman 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 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. 4. Comments are head 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 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. 81-03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE,NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW -2- REGULAR MEETING FEBRUARY 9, 2004 ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" Councilmember Coleman noted that as Chairperson of the Committee of the Whole, I would like the following record to be made: The South Bend Common Council will hold a SPECIAL MEETING on WEDNESDAY, FEBRUARY 18, 2004 at 6:00 p.m. in the Council Chambers, 4th floor, County-City Building, South Bend, Indiana, for Second Reading, Public Hearing and Third Reading on the following bill: 2ND SUBSTITUTE BILL NO. 81-03 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, REPEALING AND REPLACING THE FOLLOWING PROVISIONS OF THE SOUTH BEND MUNICIPAL CODE,NAMELY CHAPTER 21, ARTICLES 1 THROUGH 11, EXCLUDING ARTICLES 6.5 AND 8, WITH THOSE ARTICLES NOT REPEALED BEING RENUMBERED, AND THE INCLUSION OF NEW ZONING MAPS, ALL OF WHICH SHALL BE ENTITLED "THE CITY OF SOUTH BEND ZONING ORDINANCE" Pursuant to Indiana Code 36-7-4-606, any written objections to the 2nd Substitute Bill No. 81-03 may be filed with the City Clerk in Room 455, County-City Building, 227 W. Jefferson, South Bend, IN 46601, at or before the hearing and will be heard. The Common Council may amend the proposed ordinance currently on file in the Office of the City Clerk. A complete copy of the second (2nd) Substitute Bill No. 81-03 is available for public inspection in the South Bend City Clerk's Office located at Room 455, 227 W. Jefferson Blvd., South Bend, Indiana; and is also available on line at www.ci.south-bend.in.us under "Quick Links" "Zoning Ordinance Updates." The hearing may be continued from time to time as may be found necessary. Persons at the meeting shall have the right to be heard thereon. BILL NO. 100-03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LINDEN AVENUE AND CLEMENS STREET, CONSISTING OF APPROXIMATELY 12.35 ACRES IN THE CITY OF SOUTH BEND, INDIANA. Councilmember Coleman advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Kelly made a motion to strike this bill. Council Member Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 101-03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND -3- REGULAR MEETING FEBRUARY 9, 2004 THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this substituted bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana presented the report from the Commission. Mr. Myers advised that the petitioner is requesting a zone change from"D"Light Industrial, "F" Height and Area to "A-3"Mixed Use, Multi-Family Residential and Commercial District, "F" Height and Area to allow a medical clinic. Located to the north are single-family homes zoned "B"Multi-family residential, `B"Height and Area, and the Madison Center zoned"D"Light Industrial, "F"Height and Area. To the east are single-family homes zoned `B"Multi-family Residential and "D" Light Industrial, "F"Height and Area. To the west are commercial uses and the Madison Center zoned "D"Light Industrial, "F"Height and Area and "A-3"Mixed Use, Multi-family, and Commercial "G"Height and Area. Access to the site is from Crescent Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 1 acre. Of that, the building will occupy 8,900 square feet, or 19.3 percent of the site. Parking and drives will occupy 12, 735 square feet, or 27.7 percent of the site. Open space will occupy 24,410 square feet, or 53 percent of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard area are present. The site plan is currently preliminary. In 1991, this property was proposed to be rezoned"A-3"Mixed Use, `B"Height and Area, but the petition was withdrawn before it was considered by the Common Council. A drainage plan is required at the final site plan stage. If any landscaping is within the right-of-way, it is subject to approval by the Engineering Department. The approaches will need to be discussed prior to final approval. The Area Plan Commission at its Public Hearing on January 20, 2004, sent this Petition to the Common Council with a favorable recommendation, subject to a Final Site Development Plan showing a development scheme which more nearly complies with the intent of the upcoming new zoning Ordinance for the City of South Bend. Richard Deal, Attorney at Law, Barnes &Thornburgh, 100 N. Michigan St., South Bend, Indiana made the presentation for this bill, along with Steve Poston, MPA Architects, 218 S. Frances St. South Bend, Indiana, on behalf of the Petitioners, Madison Center, Inc. Madison Center is a premier provider of Mental Health Services throughout Northern Indiana. Over the past two years Madison Center has embarked on and has pursued an aggressive strategy to purchase and assemble lots on its campus to facilitate the future expansion of the Madison Center Campus as well as the downtown South Bend Area. These ten (10) lots comprise the first step for Madison Center's significant investment in a project toward expanding its campus. As we discussed earlier today the proposed construction on this site involves the establishment of the Sunshine Club House which is a facility to house the program which is known as the Sunshine Club House and Networks. This program is a vocational program for individual who have been working through Mental Health disorders and a vocational program to help with job training and placement. During the meeting with the Area Plan Commission and behalf of Madison Center we have proposed an initial site plan which shows the development of the proposed Sunshine Club House. At that meeting the Area Plan Commission had recommended to the Council upon approval, subject to a final site plan which more nearly complies with the intent of the upcoming new zoning ordinance for the City of South Bend. Since that time Madison Center has worked with the Area Plan Commission and has proposed an updated site plan which depicts the location of the Sunshine Club House as well as a more limited and narrow parking area as well as some general landscaping on the property. After submission and meeting with the Area Plan -4- REGULAR MEETING FEBRUARY 9, 2004 Commission our understanding that Madison Center and the Area Plan Commission has come to an agreement that a final site plan submitted in accordance with this preliminary plan with the modifications of enhanced landscaping to meet the enhanced landscaping requirements as proposed in the new zoning ordinance and the rear building set back which will be a part of the final site plan. Mr. Deal also noted that Mr. Jack Roberts and Ms. Wendy Chapman from the Madison Center are in attendance tonight. Councilmember Coleman entertained a motion to amend proposed substitute Bill 101-03 to include the site plan dated February 9, 2004. Councilmember Varner made a motion to amend proposed substitute Bill No. 101-03 to include the site plan dated February 9, 2004. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. This being the time heretofore set for 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 Kelly made a motion for favorable recommendation to full Council concerning this Substitute Bill 101-03 as amended in the Committee of the Whole, to include the February 9, 2004 site plan. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 2-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60,150.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) Councilmember Coleman, Chairperson, Parks, Recreation, Cultural Arts & Entertainment Committee, reported that this committee met on this substituted bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Dennis Andres, Executive Director Morris Performing Arts Center, 1812 Madison St., South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that he is requesting an appropriation of$60,150.00 within the Morris Performing Arts Center Improvement Fund (Fund 416) Revenues from this fund are generated by the ticket surcharge and the fund is used exclusively for capital improvements such as renovation, remodeling, or otherwise improving the facilities at the Morris Performing Arts Center. The Morris Performing Arts Center desires to make certain capital improvements that will enhance its status as an efficient, updated,performing arts facility. These proposed capital expenditures include $2,500.00 for life lines that will allow stage employees to work above the stage safely, $6,500.00 for a theater intercom system that will allow stage hands and traveling stage crews to communicate during stage set-up, $7,000.00 for a new Marley floor to replace a deteriorated and unusable floor, $7,500.00 for Bistro chairs to accommodate the ever-increasing number of diners to the space, $11,000.00 for new heat pumps in the box office area to replace unites no longer operating efficiently; $650.00 for a time clock for the part-time box office employees; and $25,000.00 for portable concession stands to better serve patrons during events. 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 as substituted. Council Member Kuspa seconded the motion which carried -5- REGULAR MEETING FEBRUARY 9, 2004 by a voice vote of nine (9) ayes. BILL NO. 5-04 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (1) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING STANDING COMMITTEES OF THE SOUTH BEND COMMON COUNCIL Councilmember White, Chairperson, Council Rules Committee, reported that this committee met on this bill this afternoon and sends it to the full Council with a favorable recommendation. Councilmember Coleman, 4319 Foxfire Drive, South Bend, Indiana, made the presentation for this bill. Councilmember Coleman stated that this bill is a housekeeping measure and the objective is to create a simpler, less linguistically taxing title for the Committee. This bill will allow the change of the name of the Parks, Recreation, Cultural Arts and Entertainment Committee to the Parks, Arts, Recreation and Culture Committee. The change is in name only and the scope of the Committee's responsibilities will remain the same. The Committee's acronym will be the (PARC) Committee. 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 Pfeifer made a motion for favorable recommendation to full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Varner made a motion to rise and report to the full Council. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: vWcs1M ohn 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 7:29 p.m. Council President Karen L. White presided with nine (9) members present. BILLS- THIRD READING -6- REGULAR MEETING FEBRUARY 9, 2004 ORDINANCE NO. 9486-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19 AND 20 IN DINAN'S SECOND ADDITION TO THE CITY OF SOUTH BEND AND THE PARCEL OF PROPERTY BETWEEN THE SOUTH AND THE EAST ENDS OF SAID LOTS AND THE WEST END OF LOTS 1 THROUGH 10 IN SAID ADDITION. THIS PROPERTY IS COMMONLY KNOWN AS 508-536 CRESCENT AVENUE, SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill as was amended in the Committee of the Whole. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion for the passage of substituted Bill No. 101-03 as amended in the Committee of the Whole. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9487-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $60,150.00 FROM THE MORRIS PERFORMING ARTS CENTER IMPROVEMENT FUND (FUND NUMBER 416) This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted . Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO.9488-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-10 (i) (1) OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING STANDING COMMITTEES OF THE SOUTH BEND COMMON COUNCIL This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS -7- REGULAR MEETING FEBRUARY 9, 2004 RESOLUTION NO. 3297-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4011 AND 4005 RIVERSIDE DRIVE, 2645, 2655 AND 2656 W. HOLLAND ST., 1723 AND 1803 SOUTH PHILLIPA ST., 1912, 1916, 1920, 2006 2010, 2014, 2018 2022, 2209, 2117, 2113, 2109, 2105, 2101, 1915 AND 1911 SOUTH WABASH ST., 1708 AND 1712 SOUTH TAYLOR ST., AND 2002 PROSPECT ST. AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR G &M PROPERTIES WHEREAS, a Statement of Benefits and a petition for residential 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 4011 and 4005 Riverside Drive, 2645, 2655, and 2656 W. Holland St., 1723 and 1803 South Phillipa St., 1912, 1916, 1920, 2006, 2010, 2014, 2018, 2022, 2209, 2117, 2113, 2109, 2105, 2101, 1915 and 1911 South Wabash St., 1708 and 1712 South Taylor St., and 2002 Prospect St.,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: Dev. Area 4011 Riverside Dr. Lot 279 Riverside Manor Sub 25-1011-0451 No 4005 Riverside Dr. Lot 280 Riverside Manor Sub 25-1011-0452 No 2002 Prospect Dr. Lot 291 Homeland 3rd Addition 18-8106-4022 *SEDA 2645 W. Holland St. Lot 705 &E %2 Vac Alley W &Adj Summit P1 3rd Addition 18-4029-1044 No 2651 W. Holland St. Lot 703 &E 18.98'Lot 704 Summit Place 3rd Addition 18-4029-104601 No 2655 W. Holland St. Lot 700 Summit P1 3rd Addition 18-4029-1049 No 1708 S. Taylor St. S %2 Lot 38 Gary Land Company 18-8029-1171 *SEDA 1712 S. Taylor St. S %2 Lot 38 Gary Land Company 18-8029-1172 *SEDA 1912 S. Wabash St. Lot 172 Homeland 2nd 18-8103-3903 *SEDA 1916 S. Wabash St. Lot 173 Homeland 2nd 18-8103-3904 *SEDA 1920 S. Wabash St. Lot 174 Homeland 2nd 18-8103-3905 *SEDA 2006 S. Wabash St. Lot 175 Homeland 2nd 18-8103-3906 *SEDA 2006 S. Wabash St. Lot 176 Homeland 2nd 18-8103-3907 *SEDA 2010 S. Wabash St. Lot 177 Homeland 2nd 18-8103-3908 *SEDA 2014 S. Wabash St. Lot 178 Homeland 2nd 18-8103-2909 *SEDA 2018 S. Wabash St. Lot 179 Homeland 2nd 18-8103-3910 *SEDA 2022 S. Wabash St. Lot 180 Homeland 2nd 18-8103-3911 *SEDA 2209 S. Wabash St. Lot 206 Homeland 2nd 18-8105-3975 *SEDA 2117 S. Wabash St. Lot 210 Homeland 2nd 18-8105-3967 *SEDA 2113 S. Wabash St. Lot 211 Homeland 2nd 18-8105-3965 *SEDA 2109 S. Wabash St. Lot 212 Homeland 2nd 18-8105-3963 *SEDA 2105 S. Wabash St. Lot 213 Homeland 2nd 18-8105-3961 *SEDA 2101 S. Wabash St. Lot 214 Homeland 2nd 18-8105-3959 *SEDA 1915 S. Wabash St. Lot 222 Homeland 2nd 18-8103-3992 *SEDA 1911 S. Wabash St. Lot 223 Homeland 2nd 18-8103-3991 *SEDA 1723 S. Phillipa Lot 103 SB Industrial Add 18-8096-3682 *SEDA 1803 S. Phillipa Lot 103 SB Industrial Add 18-8096-3681 *SEDA -8- REGULAR MEETING FEBRUARY 9, 2004 * Sample Ewing Development Area 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 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 -9- REGULAR MEETING FEBRUARY 9, 2004 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. Michael Urbanski, 17874 S.R. 23, South Bend, Indiana made the presentation for this bill. Mr. Urbanski stated that he proposes to build twenty-seven(27) single family homes. Each will be a 1,036 square foot, one story home with two-three bedrooms, two bathrooms, a detached garage and a full basement. The total cost for each new home is estimated between $90,000 and $100,000. Mr. Urbanski noted that the property taxes are estimated to be $2,400.00 a year. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 04-18 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6103 AND 6140 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. -10- REGULAR MEETING FEBRUARY 9, 2004 BILL NO. 04-19 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4217 CHERRY POINTE DRIVE, 4435 WHITEFEATHER DRIVE, 4401 WHITEFEATHER DRIVE (OR 4025 CHERRY POINTE DRIVE), 4444 WHITEFEATHER DRIVE (OR 4002 BRICK ROAD), 4434 WHITEFEATHER DRIVE, 4426 WHITEFEATHER DRIVE, 4418 WHITEFEATHER DRIVE, AND 4410 CHERRY POINTE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT Councilmember Coleman made a motion to combine these bills for purposes of Public Hearing. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. R ESOLUTION NO. 3298-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 6103 AND 6140 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. WHEREAS, a Statement of Benefits and a petition for residential 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 6103 and 6140 Bridgeton, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 6103 Bridgeton Lot#20 Kensington Farms Estates 23-1054-320104 6140 Bridgeton Lot#27 Kensington Farms Estates 23-1054-320106 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 -11- 1 REGULAR MEETING FEBRUARY 9, 2004 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. 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. -12- REGULAR MEETING FEBRUARY 9, 2004 s/Karen L. White Member of the Common Council WHEREAS, a Statement of Benefits and a petition for residential 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 6103 and 6140 Bridgeton,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 6103 Bridgeton Lot#20 Kensington Farms Estates 23-1054-320104 6140 Bridgeton Lot#27 Kensington Farms Estates 23-1054-320106 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 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 -13- REGULAR MEETING FEBRUARY 9, 2004 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 RESOLUTION NO. 3299-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4217 CHERRY POINTE DRIVE, 4435 WHITEFEATHER DRIVE, 4401 WHITEFEATHER DRIVE (OR 4025 CHERRY POINTE DRIVE), 4444 WHITEFEATHER DRIVE (OR 4002 BRICK ROAD), 4434 WHITEFEATHER DRIVE, 4426 WHITEFEATHER DRIVE, 4418 WHITEFEATHER DRIVE, AND 4410 CHERRY POINTE DRIVE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ROJO DEVELOPMENT, INC. -14- REGULAR MEETING FEBRUARY 9, 2004 WHEREAS, a Statement of Benefits and a petition for residential 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 4217 Cherry Pointe Drive, 4435 Whitefeather Drive, 4401 Whitefeather Drive (or 4025 Cherry Pointe Drive), 4444 Whitefeather Drive (or 4002 Brick Road), 4434 Whitefeather Drive, 4426 Whitefeather Drive, 4418 Whitefeather Drive, and 4410 Cherry Pointe Drive,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 4217 Cherry Pointe Dr. Lot#18 Harvest Pointe 25-1013-020733 4435 Whitefeather Dr. Lot#29 Harvest Pointe 25-1013-020812 4401 Whitefeather Dr. Lot#33 Harvest Pointe 25-1013-020808 or 4025 Cherry Pointe* 4444 Whitefeather Dr. Lot#34 Harvest Pointe 25-1013-020802 or 4002 Brick Road* 4434 Whitefeather Dr. Lot#35 Harvest Pointe 25-1013-020803 4426 Whitefeather Dr. Lot#36 Harvest Pointe 25-1013-020804 4418 Whitefeather Dr. Lot#37 Harvest Pointe 25-1013-020805 4410 Cherry Pointe Dr. Lot#38 Harvest Pointe 25-1013-020733 * designates corner lots which may have one or the other street address 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 -15- REGULAR MEETING FEBRUARY 9, 2004 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. 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. Scott Johnson, 5802 Miami, South Bend, Indiana, made the presentation for these bills. Mr. Johnston noted that the homes are single family,between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The homes will have three to four bedrooms with a den, basement, great room and attached garage. -16- REGULAR MEETING FEBRUARY 9, 2004 A Public Hearing was held on these Resolutions at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to these Resolutions. Councilmember Varner made a motion to adopt Bill No. 04-18. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Councilmember Varner made a motion to adopt Bill No. 04-19. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3300-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6307 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JASON P. &AUDREY R. BOWLES WHEREAS, a Statement of Benefits and a petition for residential 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 area commonly known as 6037 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#18 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320102, 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 if The Common Council hereby determines and finds that the area meets one of -17- REGULAR MEETING FEBRUARY 9, 2004 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. SECTION VI. This Resolution shall be in full force and effect from and after its adoption -18- REGULAR MEETING FEBRUARY 9, 2004 by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnston further noted that this project will help further develop the City's south side by bringing new families to the area. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 330. 1-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6042 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ANTHONY J. &KIM M. SIMERI WHEREAS, a Statement of Benefits and a petition for residential 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 area commonly known as 6042 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lots #166 & #167 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320108 , 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 -19- REGULAR MEETING FEBRUARY 9, 2004 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. -20- • REGULAR MEETING FEBRUARY 9, 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. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnson further noted that this project will help further develop the City's south side by bringing new families to the area. 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 Puzzello, made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3302-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6043 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR ELIZABETH L. MENCIAS WHEREAS, a Statement of Benefits and a petition for residential 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 area commonly known as 6043 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#19 Kensington Farms, Sec 6, Part II and with Key Number 23-1050-320103 ,be designated as a Residentially Distressed Area; and WHEREAS,notice ofthe 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: -21- REGULAR MEETING FEBRUARY 9, 2004 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 -22- REGULAR MEETING FEBRUARY 9, 2004 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. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnson further noted that this project will help further develop the City's south side by bringing new families to the area. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3303-04 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6146 BRIDGETON AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH S. & SANDRA K. PANZICA WHEREAS, a Statement of Benefits and a petition for residential 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 area commonly known as 6146 Bridgeton, South Bend, Indiana, and which is more particularly described as follows: Lot#24 Kensington Farms, Sec 4, Part II and with Key Number 23-1051-3273 be designated as a Residentially Area; and Y , � Y 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. -23- REGULAR MEETING FEBRUARY 9, 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. -24- REGULAR MEETING FEBRUARY 9, 2004 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. Scott Johnston, 5802 Miami, South Bend, Indiana, made the presentation for this bill. Mr. Johnston noted that the home is single family, between 2,200 and 3,200 sq. ft. with prices ranging from $160,000 to $275,000. The home will have three to four bedrooms with a den, basement, great room and attached garage. Mr. Johnson further noted that this project will help further develop the City's south side by bringing new families to the area. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3304-04 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 2629 FOUNDATION DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR VALUE PRODUCTION, 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 2629 Foundation Drive, South Bend, Indiana, and which is more particularly described as follows: 316.80'N & S x 450' E & W Beg 211.27' W & 1590.40 N SE Cor SW Sec 28-38-2E 3.27 Ac and which has Key Number 25-1010-010012 be designated 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 -25- REGULAR MEETING FEBRUARY 9, 2004 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; 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 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. -26- REGULAR MEETING FEBRUARY 9, 2004 s/Karen L. White Member of the Common Council Councilmember Kelly reported that the Community and Economic Development committee met this afternoon on this bill and sends it to the full Council with a favorable recommendation. Mr. Nevin J. Siqueira,President,Value Production,Inc.,2129 Rockne Drive,South Bend,Indiana, made the presentation for this bill. Mr. Siqueira advised that this petition is for a personal property tax abatement for Value Production, Inc., which manufactures tooling for use in the aerospace, automotive, medical and commercial markets. Mr. Siqueira also noted that their products are used all over the world. This project calls for the purchase of new equipment that include two (2) mills, one (1) lathe and a wire EDM. The new equipment will allow the company to increase production. The estimated project cost is $250,000. This petition will allow for the creation of four(4)new permanent jobs within the first year,representing a new annual payroll of$150,000 Per the petition,it is estimated that this project will help retain twenty(20) current jobs, representing a payroll of$823,560. 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 6-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING$155,000 WITHIN THE ADAGE FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING REDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had first reading. Councilmember 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 February 23, 2004. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 7-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 6, SECTION 20-67(h) OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE PARKING FINES IN DESIGNATED PROHIBITED OR LIMITED PARKING AREAS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on February 23, 2004. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. -27- REGULAR MEETING FEBRUARY 9, 2004 BILL NO. 8-04 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2004 INCLUDING $4,851,855 FROM THE GENERAL FUND $1,485,585 FROM THE CUMULATIVE CAPITAL DEVELOPMENT FUND, $454,156 EMERGENCY MEDICAL SERVICES, $12,427,438 FROM THE COUNTY OPTION INCOME TAX FUND $1,654,201 FROM THE ECONOMIC DEVELOPMENT INCOME TAX FUND, $905,513 FROM THE PARKS AND RECREATION FUND, $443,247 FROM THE PARKS NON-REVERTING CAPITAL FUND, $145,271 FROM THE PARK RECREATION NON-REVERTING FUND, $47,183 FROM THE EAST RACE WATERWAY FUND, $287,200 COVELESKI STADIUM, $3,439,221 FROM THE LOCAL ROADS AND STREETS FUND $348,421 FROM THE PROJECT RELEAF FUND, $73,341 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND, $491,186 SOLID WASTE, $1,976,410 FROM THE WATER WORKS DEPRECIATION FUND, AND $2,859,855 FROM THE SEWAGE WORKS DEPRECIATION FUND This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on February 23, 2004. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine(9) ayes. BILL NO. 09-04 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY FORMERLY KNOWN AS 20250 KERN ROAD IN THE CITY OF SOUTH BEND, INDIANA, FRONTING ON KERN ROAD AND LOCATED SOUTH OF THE SOUTHWEST CORNER OF KERN ROAD AND U.S. 31 IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Colman made a motion to accept the substitute version of Bill No. 9-04 as on file in the City Clerk's Office, and send this substituted bill to Area Plan. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS ANNOUNCEMENT OF NEXT MEETING DATE Council President White advised that the next meeting of the Common Council will be a Special Meeting on February 18, 2004 at 6:00 p.m., in the Council Chambers located on the 4th Floor County-City Building, for the sole purpose to hear Substitute Bill No. 81-03 "The City of South Bend Zoning Ordinance." Council President White announced that the next regular meeting of the Common Council will be held on Monday, February 23, 2004. NEW BUSINESS There was no new business to come before the Council at this time. -28- REGULAR MEETING FEBRUARY 9, 2004 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 Community Wide Youth Center open twenty-four (24) hours a day. Council President White announced that the City Plan Report Back Meeting will take place on Tuesday, February 10, 2004 at 6:30 p.m. at the Robinson Community Learning Center located at 921 N. Eddy St. Council President White invited everyone to join in the creating a vision for South Bend. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:00 p.m. ATTEST: ATTES . John oorde, City Clerk Karen L. White, President II -29-