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HomeMy WebLinkAbout06-09-03 Council Meeting MinutesREGULAR MEETING JUNE 9, 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, June 9, 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 3rd District Karl King 4' District Chairperson, Committee of the Whole David Varner Sin District Ervin Kuspa 61 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 Sandra M. Parmerlee Janice I. Talboom Council Attorney Chief Deputy City Clerk 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 May 27, 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 May 27, 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 REGULAR MEETING JUNE 9, 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 German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 18.40 acres of land containing two family homes, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 44% contiguous, generally located on both the north and south sides of Cleveland Road, approximately 600 feet west of the St. Joseph Valley Parkway. It is anticipated that in the future the annexation area may be developed as either commercial or industrial based on surrounding land uses which will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system and a storm water system; and WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, and other non - capital services, normally provided within the corporate boundaries, and services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within four (4) 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 German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: REGULAR MEETING JUNE 9, 2003 BEGINNING AT THE SOUTHEAST CORNER OF THE OLIVE ROAD COMMERCE PARK, SECTION 2; THENCE SOUTH ALONG THE CITY OF SOUTH BEND CORPORATE LIMITS TO THE NORTHEAST CORNER OF LOT 1 OF MILLER -OWENS MINOR SUBDIVISION; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 660 FEET; THENCE NORTH PARALLEL TO THE CITY OF SOUTH BEND CORPORATE LIMITS TO THE NORTH RIGHT -OF -WAY LINE OF CLEVELAND ROAD; THENCE EAST ALONG SAID RIGHT -OF -WAY LINE TO A POINT 340 FEET FROM THE CITY OF SOUTH BEND CORPORATE LINE, ALSO BEING THE WEST PROPERTY LINE OF A PARCEL OWNED BY ERNEST AND BERNICE MAHLER, TAX KEY NUMBER 04 -1011 -0189; THENCE NORTH TO THE CITY OF SOUTH BEND CORPORATE LIMITS AT THE SOUTH LINE OF THE OLIVE ROAD COMMERCE PARK SECTION ONE SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF OLIVE ROAD COMMERCE PARK 330.24 FEET TO THE PLACE OF BEGINNING. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system, within four (4) 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 mains are currently in place and available to service this annexation area; that a water main line on the south side of Cleveland Road will be sufficient to service this area; that any extensions of water and sewer main lines will be paid from Airport Economic Development Area TIF; that improvements will be made to Cleveland Road (which will be called Nimtz Parkway upon annexation), the cost of which improvements will be paid out of the Airport Economic Development Area TIF; that any appropriate street lighting will be paid out of the Airport Economic Development Area TIF; and that an approved drainage plan will be required with any improvements to Cleveland Road. 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 REGULAR MEETING JUNE 9, 2003 Mr. Magliozzi advised that this Fiscal Plan is for a voluntary annexation of approximately eighteen (18) nineteen to (19) acres west of the St. Joseph Valley Parkway on New Cleveland Road. The Police Department, Fire Department and Department of Public Works have all recommended approval indicating that City services can be provided and made available to the site with no additional expenditures of manpower or equipment. Mr. Magliozzi further advised that this annexation meets the requirements of state law. 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. 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 Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King, Chairperson, Committee of the Whole, presiding. Councilmember King 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 comments of the public both in favor of and against each bill that has been submitted for ordinance consideration. After the hearing on each bill the committee will vote on the disposition of the bill which typically is to send it to the full Council with either a favorable or an unfavorable recommendation. He noted that Article 1, Section 2 -11 of the South Bend Municipal Code requires that prior to the commencement of any Public Hearings, the Chairperson of the.Committee of the Whole explain the procedure that will be followed for all Public Hearings on bills filed for ordinance consideration. The Committee of the Whole of the South Bend Common Council 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 heard from members of the public who wish to speak in favor of the bill. Each such member is limited to five (5) minutes for his/her presentation and must begin by stating his /her name and residential address. 5. Any formal presentation against the bill or Resolution which is not subject to a time limitation is heard. 6. Comments are heard from any members of the public wishing to speak against the REGULAR MEETING JUNE 9, 2003 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. Councilmember King advised that two (2) of the items on the agenda will not be heard tonight for the reason that postponements have been requested. He noted that the Council has received a request from the Petitioner that Bill No. 25 -03, which is the annexation on Adams Road, be postponed indefinitely while further considerations are taken. Additionally, at the request of the Petitioner, Bill No. 23 -03 will be postponed until the June 23, 2003 meeting of the Council. PUBLIC HEARINGS BILL NO. 25 -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, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; WAGGONERS' S DAIRY FARM, INC., 23464 ADAMS RD., SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill indefinitely at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38 -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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; MAHLER/STIDHAM ANNEXATION, 24505 & 24514 CLEVELAND ROAD Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met, discussed this matter and recommended that the bill be sent to the full Council with a favorable recommendation. Mr. Bill Schalliol, Community and Economic Development Department, no address given, made the presentation for this bill. Mr. Schalliol stated that this annexation involves two (2) parcels. The City of South Bend, through the Board of Public Works, owns 24514 Cleveland Road and the Redevelopment Department has a contingent purchase offer to purchase 24505 Cleveland Road which is known as the Mahler property. The parcels are needed for extension and expansion of Old Cleveland Road. REGULAR MEETING JUNE 9, 2003 As a point of order, Council Attorney Kathleen Cekanski - Farrand, advised that this bill is scheduled for Third Reading on June 23, 2003. Therefore, Councilmember Coleman made a motion that Third Reading of this bill be held on June 23, 2003. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski advised that his accounting firm represents P &H Holdings, LLC and therefore he will be recusing himself from voting on this matter due to a conflict of interest. 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. 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 `B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow office uses and a drive through claims garage. The property contains an office. Located to the north is land zoned `B" Residential, "A" Height and Area, containing mixed use and single family structures. To the east is land zoned "C" Commercial, "E" Height and Area, containing mixed use and commercial structures. To the south is land zoned "A" Residential, "A" Height and Area, containing single family dwellings. To the west is land zoned "A" Residential, "A" Height and Area, and `B" Residential, "A" Height and Area, containing single family homes. Access to the site is from the east from 36th Street and from the south from the adjacent alley. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is seven thousand four hundred fifty -one (7,451) square feet. Of that, the buildings will occupy twenty -nine per cent (29 %) of the site; the parking and drives will occupy thirty -one per cent (31 %) of the site and forty per cent (40 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. The Logan Dump Site is located nearby at Logan Street and the St. Joseph River. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on May 20, 2003, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The site plan shows adequate buffering to adjacent properties and is located close to other commercially zoned properties on Mishawaka Avenue. Ms. Patricia Geisler Hoffinan, no address given, made the presentation for this bill. 1, M REGULAR MEETING JUNE 9, 2003 as a drive through for claims which will allow individuals to drive minor damaged vehicles in for an estimate. 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. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes with Councilmember Aranowski recusing himself on this vote. BILL NO. 42 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW CAPITAL FUND TO BE KNOWN AS THE SOUTH BEND REDEVELOPMENT DISTRICT ALLOCATION AREA CAPITAL FUND ( #428) 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. Don Inks, Department of Community and Economic Development, 1820 Portage Avenue, South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this bill will establish a new fund from which the proceeds of an Airport Economic Development Area Bond would be deposited and disbursed. He noted that this is the Bond that the Council recently approved at a prior meeting. 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 Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 27 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED REGULATIONS FOR WIRELESS TELECOMMUNICATIONS FACILITIES Councilmember Coleman made a motion to consider the second substitute version of this bill. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. REGULAR MEETING JUNE 9, 2003 Mr. Myers advised that this bill was initiated by the Common Council and amends Chapter 21 of the South Bend Municipal Code by the inclusion of a new Article 13 entitled Regulations for Wireless Telecommunications Facilities. The Area Plan Commission, based on its Public Hearing held on May 20, 2003, sent this petition to the Council with a favorable recommendation. The proposed ordinance contains regulations from the forthcoming South Bend Zoning Ordinance. These regulations will aid the City by encouraging the orderly development of wireless telecommunication technologies for the benefit of the City and its citizens. Councilmember Ervin Kuspa, Sixth District Councilmember and Chairperson of the Zoning and Annexation Committee, no address given, made the presentation for this bill. Councilmember Kuspa advised that the Council has initiated the proposed wireless telecommunications ordinance in the hope of creating reasonable zoning regulations which are respectful to City residents and neighborhoods, which is consistent with federal law regulating the wireless technology industry and which addresses the orderly development of this technology throughout the City. He noted that the proposed ordinance would create a new Article 13 to Chapter 21 of the Zoning Chapter of the South Bend Municipal Code. It is a result of much study and discussion which began in December of 2002 with the assistance of the Area Plan staff members, members of the Council, the Building Commissioner and representatives of the Baker & Daniels Law Firm. The proposed ordinance would set forth definitions, would create a siting hierarchy for location of such technology, would require that a Special Exception be requested for locations and it would require removal of any tower and related structures which have been abandoned from its use for one (1) year. The bill would require security to assure such removal and would establish enforcement procedures and penalties. Councilmember Kuspa stated that he believes that this ordinance is definitely in the public's best interest since it carefully balances the rights of citizens to be protected from visual clutter and the rights of those who wish to develop wireless communications in the City. Councilmember Kuspa urged the Council to recommend favorably on this proposed ordinance. 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 of the second substitute version of this bill to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 41 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY REGULAR MEETING JUNE 9, 2003 Police Department Uniform Division Chief James Hassig, no address given, made the presentation for this bill. Chief Hassig advised that on behalf of Police Chief Thomas Fautz, the position of the South Bend Police Department is to support this ordinance. He noted that it has long been a concern of the South Bend Police that dogs in particular but also very large snakes are being introduced into a densely crowded situation such as the Summer in the City Festival. This presents a public safety hazard to both the public and the animals themselves. In a dense crowd children may come face to face with large dogs. They may panic or startle the dog and be bitten. Adults may inadvertently bump, step on or kick the animals resulting in an adult being bitten. Chief Hassig noted that it is in the best interest of public safety that animals be prohibited from large gatherings of fifty thousand (50,000) or more individuals on public property. It is also felt that this type of environment is also detrimental to the animals themselves and prohibiting their presence at such large gatherings would be in their best interests as well. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Phil St. Clair, Superintendent, Department of Parks and Recreation, 321 East Walter Street, South Bend, Indiana, advised that as the spokesperson for the Department that organizes and operates the Summer in the City Festival, he is in support of this bill. He noted that over the years he has witnessed some close encounters with some of the larger animals at the festival. It has been their objective from day one to provide a safe and wholesome environment for the community. Mr. St. Clair stated that addressing the issue of large dogs and exotic animals at the festival is a good plug for the safety and nice environment of the festival. Ms. Kathy Brucker, Director, Department of Code Enforcement, 1300 County -City Building, South Bend, Indiana, stated that she is in support of this bill. Viewing it from the animal control perspective she stated that it is important for animals to not be taken out of an environment where they are safe and secure such as the family home and put in an environment with fifty thousand (50,000) plus people to where they might possibly be stepped on, hurt, kicked accidently and might become aggressive and they hope to prevent that from happening at the Summer in the City. 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 bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 23 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 5 ENTITLED PUBLIC SAFETY REQUIREMENTS FOR LARGE EATING/DRINKING T'O'r A T-IT TCITTN XT`AT'rO REGULAR MEETING JUNE 9, 2003 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. ATTEST: Loret J. �Oa,. ` City Clerk 1161,7nmittee �►o �- 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 7:30 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9424 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes with Councilmember Aranowski recusing himself from voting on this bill. ORDINANCE NO. 9425 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW CAPITAL FUND TO BE KNOWN AS THE SOUTH BEND REDEVELOPMENT DISTRICT ALLOCATION AREA CAPITAL FUND ( #428) This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. 1 ORDINANCE NO. 9426 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 13 ENTITLED i REGULAR MEETING JUNE 9, 2003 ORDINANCE NO. 9427 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 3.1 ENTITLED ANIMALS PROHIBITED TO BE BROUGHT TO LARGE EVENTS HELD ON PUBLIC PROPERTY This bill had third reading. Councilmember Kelly made a motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Kelly 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. RESOLUTIONS RESOLUTION NO. 3197 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2701 NORTHSIDE BOULEVARD RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIBERIUS MIHALACHE 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 2701 Northside Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Thirty (30) as shown on the Recorded Plat of Twin City Realty's Subdivision of Lot "C" in the First Subdivision of River Park, now within and a part of the City of South Bend, excepting therefrom that part thereof conveyed to the town of River Park for Street Purposes. and this property has Key Number 18- 6041 -1313, 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 REGULAR MEETING JUNE 9, 2003 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. �1 J REGULAR MEETING JUNE 9, 2003 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. Tiberius Mihalache,117 South Main Street, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Mihalache advised that he proposes to build a new multi family, two (2) story quad plex with one (1) and two (2) bedroom units. The total living area will be three thousand eight hundred forty (3,840) square feet and the units will be one (1) and two (2) bedrooms each with a full bath. The gross size of the property is nine thousand five hundred eighty -six (9, 586) square feet and the net size of the building will be five thousand one hundred ninety -four (5,194) square feet with the first floor being one thousand nine - hundred twenty (1,920) square feet. He noted that the new multi- family property will increase the value of the existing properties in the area. Also, the tax cash flow will benefit from this project. The total estimated dollar value of this project is two hundred thousand dollars ($200,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3198 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3102 AND 3108 NORTHSIDE BOULEVARD RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR TIBERIUS MIHALACHE 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 3102 and 3108 Northside Boulevard, South Bend, Indiana, and which are more particularly described as follows: Lot Numbered Thirty -four (34) and Thirty -five (35) as shown on the Recorded Plat of Corporan and Duck Subdivision of Lot Numbered Three Hundred and Seventy -eight (378) in Fordham Addition to River Park, now within and apart of the City of South Bend, St. Joseph County, REGULAR MEETING JUNE 9, 2003 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: 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. ■ REGULAR MEETING JUNE 9, 2003 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 q. 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. Tiberius Mihalache, 117 South Main Street, Mishawaka, Indiana, made the presentation for this Resolution. Mr. Mihalache advised that he proposes to build a new two thousand twenty -six (2,026) square foot two (2) story house with eight (8) rooms which includes three (3) bedrooms, two (2) full baths, a full basement and a two (2) car garage. The house will be built on a lot which is 107 by 55. He noted that a new house in the area will increase the value of the existing homes in the area and the property tax cash flow will be increased from two hundred forty one dollars ($241.00) per year to more than three thousand dollars ($3,000.00). Mr. Mihalache advised that this project is going to promote future improvements and development in the area. The total estimated dollar value of this project is over one hundred forty thousand dollars ($140,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember 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. RESOLUTION NO. 3199 -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 2020 KENWOOD, 318 N. OBRIEN, 2021 S. CHAPIN, 729 N EDDY, 2422, 2432, 2505 AND 2509 W. LINDEN AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 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 „E' C,. A, 11)__A r «,7:,,...,, «,.,..,,...+,,,_ +U_+ A­ i....,.__,__ ,__ 'Inman T7__, -A ')1 o XT REGULAR MEETING JUNE 9, 2003 18 ft W side of Lot 7 & 18- 2024 -0728 15 ft E side of Lot 8 O'Bannons Sub. 318 N. Obrien Street Lot 16 Werwinski's 2nd Sub. 18- 2024 -0756 ' Lot 15 Werwinski's 2nd Sub. 18- 2024 -0754 2021 S. Chapin Street Lot 84f E %2 City View Pl. 18- 8037 -1543 729 N. Eddy Street N %2 ofS %2 of E' /2 Lot 10 Sorin's lst 18 -5028 -1016 2422 W. Linden Avenue Lot 6 Kaley's 11t 18- 2069 -2548 Lot 7 Kaley's 1 st 18- 2069 -2547 2432 W. Linden Avenue Lot 8 Ex S 40 ft Kaley's 111 18- 2069 -2546 40 ft S End Lot 8 Kaley's 111 18- 2069 -2545 West %2 of Lot 7 Kaley's 1" 18- 2069 -2547 2505 W. Linden Avenue Lot 43 Kaley's 11t 18- 2068 -2507 East %2 of Lot 42 Kaley's 111 18- 2068 -2505 2509 W. Linden Avenue Lot 41 Kaley's 111 18- 2068 -2503 West %2 of Lot 42 Kaley's 1" 18- 2068 -2505 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se ., 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 SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the 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 ., 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: 11 REGULAR MEETING JUNE 9, 2003 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 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 C ? 1 ..- .1T- .L.. --r/ -.1_L l 1 l'1 1 '1 r ___1 ____7_ 1]_-]__________. 1_.__ _�[__ _Ui /__ ___1. 1'_t _ _ 1. _r. REGULAR MEETING JUNE 9, 2003 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 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. Mark VanLue, 51073 Ash Road, Granger, Indiana, made the presentation for this bill. Mr. VanLue advised that he is the Construction Manager for Habitat for Humanity of St. Joseph County. Habitat for Humanity proposes to build eight (8) new homes ranging from one thousand one hundred twenty (1,120) to one thousand three hundred forty -four (1,344) square feet. The houses will be single story with three (3) to four (4) bedrooms, one (1) to one and three- quarters (13/4) baths on a full basement. Mr. VanLue stated that new homes and new construction in these areas will increase the value of existing homes and promote future improvement and development. The approximate value of each home is seventy three thousand dollars ($73,000.00) for a total project value of approximately five hundred eighty -five thousand dollars ($585,000.00). He noted that Habitat for Humanity partners with the community and low income families to make home ownership available to them and tax abatement has been one of the many ways the City of South Bend has partnered with Habitat to help make that happen. 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 White made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3200 -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 2226 S. MEADE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR GERALD ZOCK 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 2226 S. Meade Street, South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: ■ - . .. -. t_ te n . --A . , , � n ni n� no REGULAR MEETING JUNE 9, 2003 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 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: 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 REGULAR MEETING JUNE 9.2003 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 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. Gerry Zock, 2313 West Ewing Street, South Bend, Indiana, made the presentation for this bill. Mr. Zock advised that he would like to build a new two (2) bedroom house on South Meade Street which will have a one (1) car garage and a fenced yard. He noted that a new home in this area will increase the value of the existing homes in the area and the project helps promote future improvements and development in the area. The total estimated dollar value of this project is sixty thousand dollars ($60,000.00). A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine ■ REGULAR MEETING JUNE 9, 2003 SUBDIVISION, SECTION ONE AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, 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 area commonly known as Lots 1 through 3 and 73 through 101 Jade Crossing Subdivision, Section 1, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 4441 Jade Crossing Drive Lot 1 Jade Crossing, Section 1 25- 1013 - 020748 4433 Jade Crossing Drive Lot 2 Jade Crossing, Section 1 25- 1013 - 020749 4425 Jade Crossing Drive Lot 3 Jade Crossing, Section 1 25- 1013 - 020750 4309 Ashard Drive Lot 73 Jade Crossing, Section 1 25- 1013 - 020920 4310 Ashard Drive Lot 74 Jade Crossing, Section 1 25 -1013- 020921 4316 Ashard Drive Lot 75 Jade Crossing, Section 1 25 -1013- 020922 4324 Ashard Drive Lot 76 Jade Crossing, Section 1 25- 1013 - 020923 4406 Ashard Drive Lot 77 Jade Crossing, Section 1 25- 1013 - 020924 4412 Ashard Drive Lot 78 Jade Crossing, Section 1 25- 1013 - 020925 4418 Ashard Drive Lot 79 Jade Crossing, Section 1 25- 1013 - 020926 4426 Ashard Drive Lot 80 Jade Crossing, Section 1 25- 1013 - 020927 4502 Ashard Drive Lot 81 Jade Crossing, Section 1 25- 1013 - 020928 4514 Ashard Drive Lot 82 Jade Crossing, Section 1 25- 1013 - 020929 4522 Ashard Drive Lot 83 Jade Crossing, Section 1 25- 1013 - 020930 4532 Ashard Drive Lot 84 Jade Crossing, Section 1 25 -1013- 020931 4604 Ashard Drive Lot 85 Jade Crossing, Section 1 25 -1013- 020932 4610 Ashard Drive Lot 86 Jade Crossing, Section 1 25 -1013- 020933 or 4420 Jade Crossing Drive 4607 Ashard Drive Lot 87 Jade Crossing, Section 1 25 -1013- 020934 or 4430 Jade Crossing Drive 4601 Ashard Drive Lot 88 Jade Crossing, Section 1 25- 1013 - 020935 4531 Ashard Drive Lot 89 Jade Crossing, Section 1 25 -1013- 020936 4523 Ashard Drive Lot 90 Jade Crossing, Section 1 25 -1013- 020937 4519 Ashard Drive Lot 91 Jade Crossing, Section 1 25 -1013- 020938 4513 Ashard Drive Lot 92 Jade Crossing, Section 1 25 -1013- 020939 4425 Ashard Drive Lot 93 Jade Crossing, Section 1 25 -1013- 020940 4417 Ashard Drive Lot 94 Jade Crossing, Section 1 25 -1013- 020941 4411 Ashard Drive Lot 95 Jade Crossing, Section 1 25 -1013- 020942 4405 Ashard Drive Lot 96 Jade Crossing, Section 1 25 -1013- 020943 4327 Ashard Drive Lot 97 Jade Crossing, Section 1 25- 1013- 020944 4321 Ashard Drive Lot 98 Jade Crossing, Section 1 25- 1013- 020945 4315 Ashard Drive Lot 99 Jade Crossing, Section 1 25- 1013 - 020946 4309 Ashard Drive Lot 100 Jade Crossing, Section 1 25- 1013 - 020947 4303 Ashard Drive Lot 101 Jade Crossing, Section 1 25- 1013 - 020948 REGULAR MEETING JUNE 9, 2003 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 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: 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 ■ REGULAR MEETING JUNE 9, 2003 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 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. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney advised that he represents Cleland Builders who are in the process of developing Jade Crossing which is a residential subdivision on the south side of Brick Road between the Harvest Pointe Subdivision and the Hartman and Demaegt Subdivision. He noted that Harvest Pointe and Jade Crossing are in the City of South Bend having been annexed in March of this year. This bill is for the first thirty -three (33) of a possible one hundred two (102) lots in this subdivision. It is anticipated that the ultimate value of these thirty -three (33) lots will be in excess of $3.8 million dollars. Mr. Feeney advised that other projects of Cleland Builders include Shepherd's Cove in Osceola, Horizons Edge in Harris Township, Nature's Gate on the west side of the City and Spy Glass Valley on the south side of Mishawaka, Indiana. A Public Hearing was held on the Resolution at this time. REGULAR MEETING BILLS - FIRST READING JUNE 9, 2003 BILL NO. 43 -03 FIRST READING ON A BILL APPROPRIATING UP TO $1,000,000 FROM THE CITY OF SOUTH BEND'S ECONOMIC DEVELOPMENT STATE GRANT FUND (FUND 410) TO BE USED BY THE DEPARTMENT OF PUBLIC WORKS TO FUND ENVIRONMENTAL REMEDIATION ACTIVITIES AT THE FREDRICKSON PARK SITE This bill had first reading. Councilmember Pfeifer made a motion to accept the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Pfeifer made a motion that the substitute version of this bill be sent to the Parks, Recreation, Cultural Arts and Entertainment Committee and be set for Public Hearing and Third Reading on June 23, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST NORTH - SOUTH ALLEY WEST OF WILLIAM STREET FROM LINCOLN WAY WEST TO THE FIRST EAST -WEST ALLEY This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 23, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45 -03 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE NORTH /SOUTH ALLEY WEST OF LOGAN STREET FROM EDISON ROAD TO KALE STREET. THE FIRST STREET TO BE VACATED IS A PORTION OF KALE STREET FROM LOGAN STREET, WEST TO THE EAST LINE OF EDISON ROAD ADDITION FIRST REPLAT. THE SECOND STREET TO BE VACATED IS ONE HALF OF THE RIGHT OF WAY OF LOGAN STREET FROM EDISON ROAD TO THE NORTH RIGHT OF WAY LINE OF SAID KALE STREET, BEING A PART OF EDISON ROAD ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 23, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) REGULAR MEETING JUNE 9, 2003 This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 47 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD DR. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission and be set for Second Reading, Public Hearing and Third Reading on July 28, 2003. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 48 -03 FIRST READING ON A BILL 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 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REOUEST TO WITHDRAW - BILL NO. 37 -03 - REZONING - 133 SOUTH SCOTT STREET At the request of the Petitioner, Councilmember Coleman made a motion to strike this bill from consideration. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS HAPPY BIRTHDAY TO COUNCILMEMBER PFEIFER Councilmember Varner advised that as one of the two members of the class of 1995 he would like to wish Happy Birthday to the other member of the class of 1995 on this the 17th anniversary of her 39th birthday. ANNOUNCEMENT OF SWEARING IN CEREMONY OF YOUTH ADVISORY COMMITTEE Council President White announced that the swearing in of the Youth Advisory Council members will be held on Monday, June 23, 2003 at 7:00 p.m. during the regular Council meeting. She also advised that a special reception will be held in the Council Caucus Room - 1- 1 f -- - -- REGULAR MEETING JUNE 9, 2003 ANNOUNCEMENT OF NEXT MEETING DATE - JUNE 23, 2003 President White announced that the next meeting of the Council will be held on Monday, June 23, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 7:50 p.m. ATTEST: ATTEST. oretta J. ud , ity Cl k K ren L. White, President 1 0