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HomeMy WebLinkAbout10-27-03 Council Meeting MinutesREGULAR MEETING OCTOBER 27, 2003 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, October 27, 2003, 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: James Aranowski 1St District Charlotte Pfeifer 2nd District Roland Kelly 3' District Karl King 4t' District Chairperson, Committee of the Whole David Varner 5th District Ervin Kuspa 6th District Sean Coleman At -Large Vice - President Al `Buddy" Kirsits At -Large Karen L. White At -Large President Absent: None OTHERS PRESENT: Kathleen Cekanski- Farrand Council Attorney Loretta J. Duda City Clerk Sandra M. Parmerlee Chief 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 October 13, 2003 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 s/David Varner Councilmember Coleman made a motion that the minutes of the October 13, 2003 meeting of the Council be accepted and placed on file. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 3257 -03 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 PORTAGE TOWNSHIP (NEW CLEVELAND ROAD ANNEXATION AREA) -1- REGULAR MEETING OCTOBER 27, 2003 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 Portage 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 the entire Right -of -Way consisting of a total of 7,615 feet located in the 21000 and 21500 blocks of New Cleveland Road, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63% contiguous. It is anticipated that the annexation area 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, as well as services of a capital improvement nature, including availability of a sanitary sewer system, a water distribution system and street lighting; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, street sweeping, flushing, 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 lighting, a sanitary sewer system, 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 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 real property located in Portage Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: A parcel of land located in the North half of the Northwest Quarter of Section 26, Township 38 North, Range 2 East; the North half of the Northeast Quarter of Section 27, Township 38 North, Range 2 East; the South half of the Southwest Quarter of Section 23, Township 38 North, Range 2 East; and the South half of the South half of Section 22, Township 38 North, Range 2 East, City of South Bend, Portage and German Townships, St. Joseph County and described as follows: Beginning at the intersection of the South right of way line of the Indiana East /West Toll Road (180/90) and the Portage /German Township line; thence East along said South right of way of the Toll Road and the existing City of South Bend Corporate -2- REGULAR MEETING OCTOBER 27, 2003 Limits, 3,360 feet; thence North 430 feet to the North right of way line of Cleveland Road; thence West along said North line of Cleveland Road, 600 feet to the existing City Limit line; thence South along said City Limit line to the centerline of Cleveland Road and the North line of Section 26, Township 38 North, Range 2 East; thence West along said existing City Limit line, 540 feet to the centerline of Lilac Road; thence North along said centerline (and the existing City Limit line), 40 feet; thence West along the North right of way line of Cleveland Road, 2,225 feet to a point that is directly North of the place of beginning; thence South (along said Portage /German Township line), 380 feet to the place of beginning. Containing 30.62 acres, more or less. 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, 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 lighting, a sanitary sewer system, a water distribution system, and a storm water system, 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 sanitary sewer main lines and a water main line are currently in place and available to service this annexation area; that a metered lighting service is being installed by St. Joseph County which the City will own and operate after annexation and that a drainage plan is approved and in place. 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. s/Karen L. White Member, South Bend Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Larry Magliozzi, 16322 Chickory Court, Granger, Indiana, Assistant Director, Division of Community and Economic Development, 12th Floor County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Magliozzi advised that this is a voluntary annexation of approximately thirty (30) acres and consists entirely of right of way for Cleveland Road. Mr. Magliozzi further advised that this matter is part of an agreement between the City and the County to annex this portion of road upon the completion of the improvements that were done by the County. He noted that the Board of Public Works and the Board of Public Safety approved the Fiscal Plan and indicated that the Police Department and Fire Department could provide emergency services to this portion of roadway. In conclusion, Mr. Magliozzi noted that this annexation meets all the requirements of state law. A Public Hearing was held on the Resolution at this time. -3- REGULAR MEETING OCTOBER 27, 2003 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. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:05 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2 -11 of the South Bend Municipal Code. Councilmember King also advised that the rezoning petitions for Hurwich Iron and the Hope Rescue Mission will not be heard this evening but will have Public Hearings on November 10, 2003. Additionally, Bill No. 62 -03 will be postponed until the November 24, 2003 meeting of the Council at the request of the Petitioner. PUBLIC HEARINGS BILL NO. 80 -03 PUBLIC HEARING ON A BILL 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 PORTAGE TOWNSHIP CONTIGUOUS THEREWITH; NEW CLEVELAND ROAD, 21000 THROUGH 21500 BLOCK Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Councilmember Varner made a motion to accept the substitute version of this bill. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. Ms. Laurie Johnson, Assistant County Engineer, 14899 Fairfield Drive, Granger, Indiana, made the presentation for the bill on behalf of the Petitioners, the St. Joseph County Commissioners. Ms. Johnson stated that the County is requesting the voluntary annexation of Cleveland Road between Portage Avenue and the St. Joseph River. She noted that in May of 2002 the City of South Bend and St. Joseph County entered into an Intergovernmental Agreement for the design and reconstruction of this portion of Cleveland Road: In accordance with the Intergovernmental Agreement, upon completion of construction, future maintenance would become the responsibility of the City of South Bend. Therefore, this voluntary annexation is being requested at this time because the construction project is now complete. 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. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 10 REGULAR MEETING OCTOBER 27, 2003 BILL NO. 85 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE SOUTH BEND MUNICIPAL CODE CLARIFYING HOLIDAYS FOR CITY OFFICERS AND EMPLOYEES Councilmember Aranowski, Chairperson, Personnel & Finance Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. Ms. Aladean DeRose, 1421 East Washington Street, South Bend, Indiana, Legal Department, 14th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. DeRose advised that this amendment affects Chapter 2, Article 8, Section 2 -21 of the South Bend Municipal Code which provides the holidays for all City employees and elected officials. She noted that each employee is entitled to nine (9) designated holidays and one (1) floating holiday from which the employee is given a choice of various holidays. This ordinance amends the Code to increase the floating holidays from which employees may choose by adding the Friday preceding Christmas Eve when Christmas falls on a Sunday or the following Monday when Christmas falls on a Saturday. It also adds Election Day, either Primary or General, or Easter Monday as an option. However, the primary purpose of the ordinance is to clarifying an anomaly that occurs in years where the New Year's holiday falls on a Saturday. In those years the employees take that holiday on the Friday preceding New Year's Eve which is in the previous year. If this ordinance isn't passed, the anomaly is that an employee will get ten (10) holidays in one year and eight (8) in the following year. This ordinance indicates that in those years when New Year's falls on a Saturday, as it will do in 2005, then the 2004 New Year's Eve will not affect the nine (9) holiday designation for that year. She noted that this is a way of assuring that the nine (9) holidays are kept from year to year and provides for that anomaly when New Year's falls on a Saturday. Councilmember Varner stated that this ordinance simply clarifies but does not add or delete the number of holidays which remains at nine (9). Ms. DeRose stated that the floating holiday amendment simply adds to the pool from which the employee may choose so it remains one (1) floating holiday and nine (9) designated holidays. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003 (KITE CAPITAL, LLC/ERSKINE VILLAGE PROJECT)" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO -5- REGULAR MEETING OCTOBER 27, 2003 Councilmember Coleman made a motion to continue this bill until the November 24, 2003 meeting of the Council at the request of the Petitioner. Councilmember Pfeifer seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Loretta . TEST- �_ Vii, . e son �►� i tee. • • - 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 7:16 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9463 -03 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; OLIVE ROAD 3, 52600 AND 52650 OLIVE ROAD This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9464 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8, SECTION 2 -121 OF THE SOUTH BEND MUNICIPAL CODE CLARIFYING HOLIDAYS FOR CITY OFFICERS AND EMPLOYEES This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS: RESOLUTION NO. 3258 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2026 S. WILLIAM STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR WAYNE AND BARBARA CHEVRIE AND PATRICIA BOYLAN [7 1 REGULAR MEETING OCTOBER 27, 2003 WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 2026 S. William Street, South Bend, Indiana, and which are more particularly described as follows: Lot 284 and 285 as shown and designated on the plat of D.M. Shivley's Addition to the City of South Bend, Indiana and which has Key Number 18- 8044 -1739 and 18- 8044 -1740, 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 sea., 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: -7- REGULAR MEETING OCTOBER 27, 2003 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 areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, residing at 215 West Marquette Boulevard, South Bend, Indiana, made the presentation for this bill on behalf of the Petitioners. Mr. Feeney advised that the Petitioners are seeking abatement on a vacant piece of property they own at the northeast corner of William and Donald Streets in order to construct a new house. The property is located in a neighborhood bounded by Main Street, Ewing, Indiana and Kimble Avenue. 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 Varner 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. 3259 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2921 BENT OAK LANE; 2317 AND 2321 OAKBROOK DRIVE; AND 2207, 2208, 2211, 2310, AND 2314 OAKWOOD PARK DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR WOODFIELD DOWNS, INC. IF-11 1 1 REGULAR MEETING OCTOBER 27, 2003 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 2921 Bent Oak Lane; 2317 and 2321 Oakbrook Drive; and 2207, 2208, 2211, 2310, and 2314 Oakwood Park Drive, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 2921 Bent Oak Lane Lot 20, Oakwood Villas Section Two 25- 1004 - 025632 2317 Oakbrook Drive Lot 33, Oakwood Villas Section Two 25- 1004 - 025638 2321 Oakbrook Drive Lot 34, Oakwood Villas Section Two 25- 1004 - 025639 2207 Oakwood Park Dr. Lot 23, Oakwood Villas Section One 25- 1004 - 025619 2208 Oakwood Park Dr. Lot 2, Oakwood Villas Section One 25 -1004- 025605 2211 Oakwood Park Dr. Lot 24, Oakwood Villas Section One 25- 1004 - 025620 2310 Oakwood Park Dr. Lot 8, Oakwood Villas Section One 25 -1004 - 025611 2314 Oakwood Park Dr. Lot 9, Oakwood Villas Section One 25- 1004 - 025612 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 sea., 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 M REGULAR MEETING OCTOBER 27, 2003 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 se . 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. Tim Murray, 51716 Dartmore Drive, Granger, Indiana, Vice President, Woodfield Downs, Inc., owner of the subject properties, made the presentation for this bill. Mr. Murray stated that this abatement is for the eight (8) remaining lots of a forty -six (46) lot development. The average price of the homes on these lots will be approximately one hundred forty- thousand ($140,000.00) dollars for a total of over $1.1 million in improvements. He further stated that the purpose of this Resolution is to extend the tax abatement for five (5) years to accomplish the build out of these lots. 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 Varner 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. Iff1ll f � i Fill 1 REGULAR MEETING OCTOBER 27, 2003 RESOLUTION NO. 3260 -03 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 2607 TWIXWOOD LANE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR EDWARD L. SMITH 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 2607 Twixwood Lane, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 2607 Twixwood Lane Lot 14 Deer Run at Topsfield 26- 1001- 000136 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed 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 a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., 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 -11- REGULAR MEETING OCTOBER 27, 2003 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 determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council -12- I I 1 REGULAR MEETING OCTOBER 27, 2003 Councilmember King, 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. Edward Smith, 1333 East Wayne South, South Bend, Indiana, made the presentation for this bill. Mr. Smith advised that he is requesting a tax abatement as he intends to build a three thousand three hundred (3,300) square foot house with a three (3) car garage on Lot 14 in Deer Run. 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 Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 03 -119 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONSENTING TO AND APPROVING THE ISSUANCE, BY THE SOUTH BEND REDEVELOPMENT COMMISSION OF BONDS FOR THE PURPOSES OF PROVIDING FUNDS FOR REFUNDING OUTSTANDING BONDS AND FINANCING REDEVELOPMENT PROJECTS IN THE SOUTH BEND CENTRAL ALLOCATION AREA (SOUTH BEND ALLOCATION AREA NO. 1A) AND PAYING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND ON ACCOUNT OF THE ISSUANCE OF THE BONDS Councilmember King made a motion to postpone the Public Hearing on this bill until the November 24, 2003 meeting of the Council at the request of the Petitioner. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 3261 -03 A RESOLUTION OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA ADOPTING A THREE YEAR STRATEGIC PLAN, AND AUTHORIZING THE SUBMISSION TO THE INDIANA DEPARTMENT OF COMMERCE, URBAN ENTERPRISE ZONE BOARD AND STATE BUDGET COMMITTEE OF AN APPLICATION FOR THE DESIGNATION OF AN ENTERPRISE ZONE LOCATED IN SOUTH BEND, INDIANA WHEREAS, the State of Indiana has enacted I.C. 4- 4 -6.1, allowing certain areas within Indiana to be designated as an "Urban Enterprise Zone" thereby entitling property owners and residents therein to certain benefits as provided by law; and WHEREAS, a certain area within the City of South Bend, Indiana has been so designated as an Enterprise Zone, effective as of January 1, 1984; and WHEREAS, said designation terminates effective December 31, 2003; and -13- REGULAR MEETING OCTOBER 27, 2003 WHEREAS, the Urban Enterprise Association of South Bend, Inc. throughout its existence has been engaged in and has undertaken a number of programs and operations in and serving business and residents located within the Enterprise Zone (hereinafter the "Zone "), and continues to operate, supervise and conduct such programs and operations; and WHEREAS, the Board of Directors of the Urban Enterprise Association of South Bend, Inc. (Hereinafter the Board) has expressed its continued commitment to its mission of increasing the number of jobs in the Zone by the retention and expansion of existing businesses and the attraction and development of new businesses and improving the quality of life of Zone residents; and WHEREAS, the Board by resolution dated October 16, 2003 approved a three year strategic plan proposing to guide its activities within the Zone and recommends to the Common Council of South Bend its submission to the State Enterprise Zone Board. that it: NOW, THEREFORE, BE IT RESOLVED by the Common Council of South Bend, Indiana That the three year strategic plan, a true and complete copy of which is attached hereto and incorporated herein, dates as of October 16, 2003, shall be and hereby is approved. 2. The Executive Director of the Board is hereby authorized and directed to cause to be submitted to the Indiana Urban Enterprise Zone Board for its evaluation and review the application for designation approved hereby, and any and all supporting documentation, resolutions and the like. 3. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember King, 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. Ms. Pam Meyer, 17550 White Chapel Court, South Bend, Indiana, Director, Community & Economic Development, 1200 County -City Building, South Bend, Indiana, and Director of the South Bend Urban Enterprise Association, made the presentation for this bill. Ms. Meyer advised that this Resolution authorizes the City to submit an application for a new Enterprise Zone designation with a ten (10) year time frame. She noted that there is an existing Enterprise Zone which has been in effect for almost twenty (20) years which will expire in December 31, 2003. This Resolution relates to an application for a separate and distinct zone geographically and for a new program. The application outlines a three (3) year plan outlining that the Enterprise Association will continue its efforts to support the Sample Street Business Complex which is a small business incubator and primarily their zone resident employment program which offers subsidies to people who live in the Enterprise Zone who have issues or obstacles relating to employment so they may receive subsidies for such items as day care expenses, travel, transportation, uniform assistance, tuition and books for continuing education. Ms. Meyer stated that the zone includes the main industrial area of the community, the Studebaker Corridor, the Oliver Plow section, portions of Sample Street, Western and Main and Michigan Streets and a large portion of the residential area around the A.J. Wright development which is one of the first developments in zone history where numerous jobs would be available to zone residents. She noted that if a person lives and works in a zone resident business, that resident can also receive a tax benefit. Therefore, the enlargement of the zone to incorporate more residents is a benefit to the -14- I 1 1 REGULAR MEETING OCTOBER 27, 2003 residents of the area. The zone also includes the entire Weed and Seed area that has been designated by the Federal government and compliments those activities. Councilmember Pfeifer asked ifHoneywell, Bosch and LaSalle Square are still included in the zone. Ms. Meyer advised that they are still included but there are areas that are in the existing zone that will expire at the end of this year and are not included in the new zone. Ms. Meyer stated that the full application has maps and she does have additional maps which she will provide. 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 King 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. BILLS - FIRST READING There were no bills filed for first reading at this time. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of recommendations from the Area Plan Commission of St. Joseph County, for the following ordinances based on their Public Hearing held on October 21, 2003: BILL NO. 71 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 72 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1314 CALIFORNIA AVE. IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 75 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 1804 & 2014 WEST WASHINGTON AVENUE, 1610, 1628, 1636 & 1721 CIRCLE AVENUE AND 218 SOUTH GRANT STREET ALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on November 10, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS There was no new business to come before the Council at this time. -15- REGULAR MEETING PRIVILEGE OF THE FLOOR OCTOBER 27, 2003 COMMENTS BY MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington Street, South Bend, Indiana, wished all Councilmembers good luck in the upcoming election and told them to keep up the good work. Mr. Swanson commented that the Council continues to invite citizens to the Council meetings but they still do not attend. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:30 p.m. ANNOUNCEMENT OF NEXT MEETING DATE Council President White announced that the next meeting of the Council will be held on Monday, November 10, 2003. ATTEST: CLorett . Vd, it Clerk -16- ATTEST: Karen L. White, President 1