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HomeMy WebLinkAbout08-11-03 Council Meeting MinutesREGULAR MEETING AUGUST 11, 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, August 11, 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 4tn District Chairperson, Committee of the Whole David Varner Stn 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 Loretta J. Duda Sandra M. Parmerlee Janice I. Talboom Council Attorney City Clerk 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 July 28, 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 Pfeifer made a motion that the minutes of the July 28, 2003 meeting of the Council be accepted and placed on file. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REGULAR MEETING AUGUST 11, 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 0.45 acres of land containing one house, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 17.75% contiguous, generally located on the north side of Brick Road, approximately 200 feet east of New Cleveland Road, German Township, Indiana. This annexation territory is intended to be incorporated into future development by the City of South Bend and 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, possible 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, possible 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 German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: e REGULAR MEETING AUGUST 11, 2003 199.92' to the south line of said Section 17; thence West and along the South line of said Section 17, 109.98' 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, possible 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 are currently in place and available to service this annexation area; that a water main line on Brick Road can service this area and is accessible through adjacent public property; that street lighting is contingent upon final development plans but any street lighting will be paid out of the Airport Economic Development Area TIF; that street improvements 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 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee sends this bill to the full Council with a favorable recommendation. Mr. Larry Magliozzi, Planner, 12`' Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Magliozzi advised that this is a voluntary annexation of one -half acre in German Township on the north side of Brick Road east of New Cleveland Road. It is a small residential lot in a group of three (3) residential lots that are being surrounded by the development that has occurred in that area in the last ten (10) to fifteen (15) years. The Police and Fire Departments have indicated that they can provide services to this lot once it is redeveloped. Sewer and water are available and the annexation meets all the criteria of the state annexation laws. A Public Hearing was held on the Resolution at this time. REGULAR MEETING AUGUST 11, 2003 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 public comment both for 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 the South Bend Municipal Code in Article 1, Section 2 -11 requires that prior to the commencement of any 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 operates in accordance 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 bill. Each member of the public speaking against the bill is limited to five (5) minutes for his/her presentation and must also begin by stating his /her name and residential address. The total time for comments by members of the public speaking against the bill is limited to the amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. Councilmember King advised that Bill No. 60 -03 will be postponed until the August 25, 2003 meeting of the Council. PUBLIC HEARINGS BILL NO. 52 -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; 1 -1- n r A - -- l A- ^1 net T "Tf" T7 TIf%A T% REGULAR MEETING AUGUST 11, 2003 Mr. Gaby stated that they are surrounded by industry located in the City. He noted that Redevelopment has made them an offer and they are ready to move. 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. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 46 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3601 EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA Council President White made a motion to consider the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that a meeting was held on this bill and it was the consensus of the committee to bring it to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 11th Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the expansion of an existing retail center. The property contains an existing retail center and vacant land zoned "C" Commercial and "A" Residential, "A" Height and Area. Located to the north are power lines and single family homes zoned "A" Residential, "A" Height and Area, to the south are single family homes zoned "A" Residential, "A" Height and Area and multi - family residences zoned `B" Multi- family Residential, "A" Height and Area; to the west is an AEP substation zoned "D" Light Industrial, "F" Height and Area; and to the east is vacant land in Mishawaka zoned "C -4" Automobile Oriented Commercial and "C -1" General Commercial. Access to the site is from Hickory Road and Edison Road. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is 3.1 acres. Of that, buildings will occupy twenty -two per cent (22 %), parking and drives will occupy fifty five per cent (55 %) of the site and twenty -two per cent (22 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. The Area Plan Commission, at its Public Hearing held on July 15 , 2003, sent this Petition to the Council with a favorable recommendation subject to a final site development plan and any required screening to the north. The Commission finds that this site is suitable for the expansion of the existing retail center. Mr. Pat Brown, Site Scapes, Inc., 1816 North Main Street, Mishawaka, Indiana, representing Baugo REGULAR MEETING AUGUST 11, 2003 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 Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 60 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SOUTH BEND REDEVELOPMENT COMMISSION'S CREATION OF THE SOUTH SIDE ECONOMIC DEVELOPMENT PROJECT DISTRICT AND THE SOUTH SIDE ECONOMIC DEVELOPMENT PROJECT DISTRICT DEVELOPMENT PLAN FOR THE PURPOSES OF UTILIZING SALES TAX INCREMENT FINANCING ( "STIF ") Councilmember Coleman made a motion to continue this bill until the August 25, 2003 meeting of the Council at the request of the Petitioner. Council President White 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. ATTEST: Lo*.a,' City erk 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 7:20 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9443 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3601 r.r r� �� r r n ♦ r r r mTTr lYTmc T !�T n l T TTTT T T)ATTI L C] REGULAR MEETING RESOLUTIONS: AUGUST 11, 2003 RESOLUTION NO. 3220 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1902 SOUTH BEND AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at 1902 South Bend Avenue, South Bend, Indiana, 46637, in order to permit A special exception to allow a Billiard Hall within 1000' of two other controlled uses. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; REGULAR MEETING AUGUST 11, 2003 SECTION IV. Approval is subject to the petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the city clerk. SECTION V. This resolution shall be in full force and effect from and after its adopted by the common Council and approval by the mayor. s/Karen L. White Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee met this afternoon and it was moved to send this bill to the full Council with a favorable recommendation. Mr. Donald F. Fozo, Building Commissioner, City of South Bend and St. Joseph County Building Department, no address given, provided the report from the Board of Zoning Appeals. Mr. Fozo advised that the Board of Zoning Appeals had its Public Hearing on this Petition on July 17, 2003 and sent it to the Council with a favorable recommendation 3 -0. This Petition is to allow the use of a billiard hall which is a controlled use within one thousand feet (1000') of two (2) other controlled uses which is allowed only by special use. Mr. Joe Heintzelman, 52015 Locks Lane, Granger, Indiana, made the presentation for this bill. Mr. Heintzelman advised that he is the owner of Oscar's Billiard Club and he would like to relocate and operate his business at 1902 South Bend Avenue. He noted that he has been in business for six and one -half (6 1/2) years and was forced to move because Madison Center acquired their building. He further advised that Oscar's has a membership of over two hundred (200) people and are active in the community in a number of different ways. He stated that Oscar's is a Monday through Saturday business. A Public Hearing was held on the Resolution at this time. Mr. Glenn Howard, 2202 Springhill Drive, South Bend, Indiana, stated that he is a member of Oscar's Billiard Club and appreciates this business where adults could play billiards in a clean and safe environment. He further stated that Oscar's is beneficial to him in that he is able to entertain suppliers and customers from out of town at this establishment. Mr. Ray Simmons, 435 LaMonte Terrace, South Bend, Indiana, advised that he has been a member of Oscar's Billiard Club for five (5) years. He stated that it is a very clean well run adults only establishment and he asked for an affirmative vote on this request. Mr. Jeffrey Dee, 1537 South Lake George Drive, Mishawaka, Indiana, informed the Council that is the owner of the United Beverage Company in South Bend. He noted that his business distributes to Mr. Heintzelman's business and his establishment is in the top five per cent (5 %) of classy operations. They tend to charge a little more and because of that their clientele is upscale. Mr. Dee stated that this location on South Bend Avenue is ideal. ■ REGULAR MEETING AUGUST 11, 2003 out that Between the Buns received a special exception and he should have one too. She stated that if everyone that comes along is granted a special exception the area will become like South Michigan Street. He also stated at the Board of Zoning Appeals Public Hearing that his establishment will be upscale and only people rich enough to afford his high prices will attend. Ms. Mundt stated that as long as this business is open to the public Mr. Heintzelman cannot control who comes to his business and what they do outside his club as they come and go. Additionally, Mr. Heintzelman stated that he will stay open until 3:00 a.m. Monday thru Saturday. Even though a person cannot see their houses from the front of the building, the residents can stand on Charles Street and have a full view of ninety -nine per cent (99 %) of the side of the building including the back door area and the parking area that customers would utilize. She noted that it is an an open space where noise would radiate back to their homes. If customers do not notice their houses they would be more apt to make noise not realizing that people are trying to sleep and are being disturbed. Also, no other businesses in the area including Between the Buns is open beyond midnight except Coach's Bar further down the street. Therefore, in keeping with the environment of South Bend Avenue, no business going into 1902 South Bend Avenue should be allowed to be open past midnight. She stated that even with such restrictions placed on Oscar's, it is an unacceptable business no matter who owns it because it harms the health and welfare of the neighborhood no matter how the owner makes his business sound. Ms. Mundt stated that residents of Charles Street take walks in the area and there are quite a lot of beer bottles and cans littering the whole area from these establishments and they do not need another liquor establishment in this area. She stated that the one thousand foot (1000') rule is a very good rule to help protect families and they are within two hundred feet (200') of that building. Ms. Mary Ellen Mundt, 1944 Charles Street, South Bend, Indiana, informed the Council and she and her disabled husband need undisturbed sleep every night. They do not want to hear music coming out of Oscar's every time the door opens or car doors slamming and loud customers in the parking lot all through the night until 3 a.m. They counted thirty six (36) spaces in the entire lot. The eight (8) in front of Bull's Eye Liquor are needed by that store. Twenty -five (25) of the thirty - six (36) are located in the back areas within two hundred feet (200') of Charles Street and most are visible from Charles Street. This means that most customers will be parking in an area that would disturb their sleep. Additionally, there is a direct exist from the building past the liquor store onto Charles Street. Ms. Mundt stated that the owner cannot control where or how people drive when they come and go and Charles Street is always being used as a short cut between Edison and South Bend Avenue. They do not want added night traffic on their street by people who have been drinking. She noted that there are eight (8) places that sell or serve alcohol within five- tenths of a mile between Edison and Ironwood on South Bend Avenue and they do not want a ninth establishment so close to their neighborhood. Ms. Mundt further stated that at the Board of Zoning Appeals meeting Mr. Heintzelman indicated that he can stand on his property and look in all directions and not see any houses and that is false because the residents can see the building. She further noted that Mr. Heintzelman sent everyone on Charles Street a letter before the Board of Zoning Appeals offering them a free night of pool and stating his intention to move to this location. Ms. Mundt stated that she is insulted that he sent them a letter that looked very much like a bribe to not speak against the move. Yet, when they do oppose his move to this location he acts as if he doesn't know they exist. She stated that the Board of Zoning Appeals gave this petition a favorable recommendation based only on Mr. Heintzelman's perceived reputation. That decision should be based on facts and not personal feeling about the owners perceived reputation. The fact is that Oscar's Billiard's is a controlled use and would be closer than one thousand feet (1000') of two (2) _, l___ 1 _-3 ________t___t___- -_11_____A 11 d_ ItX___A�­­A4L_aal__ —_1_- 1- ___1.1 L____L_1.7___.1 mot___ REGULAR MEETING AUGUST 11, 2003 he stated that there is a world of difference. However, there is an inherent problem in the fact that these ladies live so close to a high traffic area. In regards to the fact that there are already eight (8) establishments serving liquor, his business would only be adding another twelve per cent (12 %). Mr. Heintzelman stated that South Bend Avenue is a commercial area and it is not going to change. He noted that Coach's and the Linebacker are open until 3 p.m. and Between the Buns is open until midnight. As far as litter is concerned, Mr. Heintzelman stated that he will clean it. In regards to parking, the parking situation was approved by the Board of Zoning Appeals. There are a total of sixty three (63) spaces. At 5:00 p.m. the employees of Wissco leave and patrons of his establishment will come in. He noted that there are adequate parking spaces even with the liquor store and at the height of parking for Wissco. In regards to the letter which he sent to residents, it was sent as an appeal to the neighbors inquiring if they had any questions or concerns. He did talk with some of the residents and did not feel that there were any objections. However, he did not talk to the Mundt's. Mr. Heintzelman stated that he believes that the Mundt's main objection is the fact that they are in a commercial area and that is going to be problem whether it is his business or another business. Councilmember King made a motion to adopt this Resolution. Councilmember Kelly seconded the motion. Council Attorney Kathleen Cekanski- Farrand advised that in light of the attachments to the Resolution she wanted to make it clear that when Mr. Fozo gave his recommendation from the Board of Zoning Appeals it did state in the letter of July 18th that it was subject to this particular owner and also under the Petition under conditions or revisions states subject to this particular owner only. She noted that Section IV of the Resolution also contains standard language in that approval is subject to the Petitioner complying with reasonable conditions established by the Board of Zoning Appeals which are on file with the office of the City Clerk. She stated that she did not want the Council or the public to confuse the language of the Resolution with the conditions that were set by the Board of Zoning Appeals. She noted that this was discussed at the committee meeting and she has checked the governing state law. Again, the special use that is being requested would run with the land and not a particular owner. Councilmember King modified his motion and moved that the Council adopt the Resolution strictly with respect to the content of the Resolution itself irrespective of any attachments. Councilmember Kirsits seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3221 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 214, 218, 220 S. CHAPIN STREET AND 745 - 749 W. WAYNE STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and 1 REGULAR MEETING AUGUST 11, 2003 NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted for the property located at 214, 218 & 220 S. Chapin Street and 745 -749 W. Wayne Street in order to permit mixed residential /commercial use on a property zoned "C" commercial, "d" height and area. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that it was the consensus of this committee to bring this bill to the full Council with a favorable recommendation. REGULAR MEETING AUGUST 11, 2003 Ms. Charlotte Sobel, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, residing at 732 Cherry Tree Lane, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that they are asking for this Special Exception to be able to move the houses that are currently located at 209 South Chapin Street across the street for a distance of about sixty (60) feet to a new address known as 218 South Chapin Street. This will enable the expansion of the Northern Indiana Center for History and the Studebaker National Museum at their new site to be located there. Also, they will be putting new foundations in and completing the east face of the street from Wayne north. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Kelly made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 03 -71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT AND BEING LOT 70 OF WOODED ESTATES ON THE SOUTH SIDE OF OAK PARK DRIVE APPROXIMATELY 165 FEET WEST OF IRONWOOD DRIVE Councilmember King made a motion to continue this bill until the August 25, 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. 3222 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 130, 530, 621, 630, 636 AND 726 EAST BROADWAY STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 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 130, 530, 621, 630, 636 and 726 East Broadway Street, South Bend, Indiana, and which are more particularly described ■ REGULAR MEETING AUGUST 11, 2003 N 82 Ft Lot 206 Wenger & 18- 7014 -0553 Kreighbaums Replat of Wenger's 6t' Add Mid Pt Ea 206 & 207 Wenger & 18- 7014 -0554 Kreighbaums Replat of Wenger's 6' Add S 35 Ft Lots 207 & 206 Wenger & 18- 7014 -0555 Kreighbaums Replat of Wenger's 6`' Add 621 E. Broadway St. Lot 179 Wenger & Kreighbaums 18- 7015 -0590* Replat of Wenger's 6 1 Add Lot 180 Wenger & Kreighbaums 18- 7015 -0591 Replat of Wenger's 6t' Add 630 E. Broadway St. Lot 198 Wenger & Kreighbaums 18- 7015 -0604* Replat of Wenger's 6t' Add 80 Ft N End Lot 197 Wenger & 18- 7015 -0605 Kreighbaums Replat of Wenger's 6 " Add 636 E. Broadway St. 80 Ft. N. End Lot 196 Wenger & 18- 7015 -0606* Kreighbaums Replat of Wenger's 6`' Add Lots 196 & 197, 37 Ft Mid Pt Ea Wenger & 18- 7015 -0607 Kreighbaums Replat of Wenger's 6 " Add Lots 196 & 197, 36 Ft S End Ea Wenger & 18- 7015 -0608 Kreighbaums Replat of Wenger's 6`h Add 726 E. Broadway St. Lot 190 Wenger & Kreighbaums 18- 7016 -0653* Replat of Wenger's 6' Add Lot 222 Wenger & Kreighbaums 18- 7016 -0654 Replat of Wenger's 6' Add * - indicates primary tax key number 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. REGULAR MEETING AUGUST 11, 2003 i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et 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 . REGULAR MEETING AUGUST 11, 2003 Mr. Mariani advised that he represents the Board of Public Works as the Petitioner. This is part of the City's ongoing partnership with American Home Dreams who will be building six (6) new homes along Broadway Street. It is anticipated that the after market value will be nearly seven hundred thousand dollars ($700,000.00). A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Kelly advised that he is a member of American Home Dreams and has been advised by Council Attorney Kathleen Cekanski- Farrand that since he receives no financial benefit he can vote on this Resolution. Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3223 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE VILLAS AT LAKE BLACKTHORN 6719 BLACKTHORN HARBOR DRIVE OR 4803 PORTSIDE DRIVE, 6727 BLACKTHORN HARBOR DRIVE, 6735 BLACKTHORN HARBOR DRIVE, 6747 BLACKTHORN HARBOR DRIVE OR 4838 ORANGE ROAD, 6743 BLACKTHORN HARBOR DRIVE OR 4736 ORANGE ROAD, 6732 BLACKTHORN HARBOR DRIVE, 6724 BLACKTHORN HARBOR DRIVE, 6716 BLACKTHORN HARBOR DRIVE OR 4739 PORTSIDE DRIVE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as The Villas at Lake Blackthorn, South Bend, Indiana, and which are more particularly described as follows: Lot # Street Address: *107 4803 Portside Drive or 6719 Blackthorn Harbor Dr. 108 6727 Blackthorn Harbor Dr. 109 6735 Blackthorn Harbor Dr. Legal Description: Lot 107, Cooreman's 1 s' Add Lot 108, Cooreman's 1 s' Add Lot 109, Cooreman's 1" Add Key Number: 25- 1010 - 017727 25- 1010 - 017410 25- 1010 - 017403 REGULAR MEETING AUGUST 11, 2003 * - denotes a corner lot which may have one or the other address be designated as a Residentially Distressed Area; and, WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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. . REGULAR MEETING AUGUST 11, 2003 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 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 Ms. Marcia Adelman, Cooreman Real Estate Group, Inc., 24545 Brick Road, South Bend, Indiana, residing at 5517 Sterling Drive, South Bend, Indiana, made the presentation for this bill. Ms. Adelman advised that a correction needs to be made in the title of the Resolution in that the addresses are actually Blackthorn Harbor Drive. Council Attorney Kathleen Cekanski- Farrand noted that only the title is incorrect. Ms. Adelman noted that previously the Council granted abatement for the first one hundred six (106) lots of this subdivision and these addresses represent eight (8) additional lots. When the project is built out the property tax revenue should exceed close to four hundred thousand ($400,000.00) a year. A Public Hearing was held on the Resolution at this time. There was 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 add the word "Harbor" between Blackthorn and Drive everyplace where it appears within the title of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Further, Councilmember Coleman made a motion to adopt this Resolution as amended. Councilmember Kuspa seconded the motion which carried by a roll call vote of nine (9) ayes. RESOLUTION NO. 3224 -03 A RESOLUTION OF THE COMMON COUNCIL OF THE /'TTX7 f-%I- Of'%TTTTT T7T`ATT% TlL^0T1- XTATThT,(1 /"'=3q ATXT REGULAR MEETING AUGUST 11, 2003 WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1827 North Bendix Drive, South Bend, Indiana, and which is more particularly described as follows: A parcel of land being part of the Northeast Quarter of the Southeast Quarter of Section 33. Township 38 North, Range 2 East, in the City of South Bend, Portage Township, St. Joseph County, Indiana. and this property has Key Number 18- 2184- 693802, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1-4.5 et sea., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under . REGULAR MEETING AUGUST 11, 2003 SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Karen L. White Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Mr. Mark Witucki, 12255 Saddlehorn Court, made the presentation for this bill. Mr. Witucki advised that this tax abatement is for capital equipment that will cost $2.6. The project will provide Mann +Hammel with additional capacity for its contracts with General Motors Corporation. In addition to hiring ten (10) full time employees they will also use local contractors for installation. 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 Aranowski made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3225 -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 3605 W. CLEVELAND ROAD AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR FEDERAL -MOGUL POWERTRAIN, INC. WHEREAS, a petition for personal property tax abatement consideration has been filed with lo.L F — 1,,, +i.e r .,,.,...,. r ,,,,, ,;1 .,F +U— r;+. „F Q-4, Do„a T,,.a.,,,., REGULAR MEETING AUGUST 11, 2003 and this property has Key Number 25- 500 - 19994, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et sea., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et sM., 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds pursuant to Indiana Code 6 -1.1- 12.1-4.5 et sea., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; C. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -4.5. SECTION III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development Committee's favorable recommendation, that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax REGULAR MEETING AUGUST 11, 2003 Code 5 -3 -1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Mr. Earl Hoff, representing Federal -Mogul Powertrain, Inc., formerly known as AE Piston, 3605 West Cleveland Road, South Bend, Indiana, residing at 25741 County Road #24, Elkhart, Indiana, made the presentation for this bill. Mr. Hoff advised that this project is to buy three (3) new anodizing machines at a cost of $4.5 to add anodizing to the top ring groove of the pistons they make for GM, Ford and Nissan. This anodizing is a leading edge new technology that helps them be in a competitive environment to help the performance of the piston in the engine. They will anodize eleven million pistons a year with this equipment. This project will add twelve (12) new jobs to their workforce. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3226 -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 1105 ST. PETER STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOHN M. AND ERIN L. RYAL 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 1105 St. Peter Street South Bend, Indiana, and which is more particularly described as follows: Lots numbered sixty -three (63) and sixty- four(64) as shown on the recorded Plat of Sorin's second addition to the town of Lowell, now within and a part of the City of REGULAR MEETING AUGUST 11, 2003 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 sec ., and South Bend Municipal Code Sections 2 -76, et se .,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: 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 REGULAR MEETING AUGUST 11, 2003 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 Councilmember King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted unanimously to send it to the full Council with a favorable recommendation. Mr. John and Mrs. Erin Ryal, 218 Napoleon, South Bend, Indiana, made the presentation for this bill. Mr. Ryal advised that they would like to build a home at 1105 St. Peter Street which will be a two (2) story home with four (4) bedrooms and approximately thirty five hundred (3,500) square feet. The approximate cost of this house is three hundred thousand dollars ($300,000.00). Mr. Ryal stated that they would like to apply for this abatement and remain in the neighborhood where they REGULAR MEETING AUGUST 11, 2003 RESOLUTION NO. 3227 -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 201 NORTH OLIVE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR KINNUCAN WELSCH REALTY L.L.C. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 201 North Olive Street, South Bend, Indiana, and which is more particularly described as follows: North 57.39 F + on Olive x 257" of Lots 11 & 12 & P + S of 33, 32, 31, 30 & all of 29 & 14" Vacant Alley West End Subdivision. 60.37 Ft on Olive Street x 261 Foot on Orange being Lot 10 and parts of 11- 30 -31- 32-33 & 14 Foot Alley West End Subdivision. and which has Key Numbers 18- 2038 - 128701 and 18- 2038 -1289, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et se g., and South Bend Municipal Code Sections 2 -76 et seci., and, WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2-76,!g 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 an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development. 11 REGULAR MEETING AUGUST 11, 2003 D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits set forth as Sections I through II of the Petition for Real Property Tax Abatement Consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years. SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6- 1.1- 12.1 -2.5, said publication providing notice ofthe public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/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 unanimously to send it to the full Council with a favorable recommendation. Mr. Bill Welsch, 23750 Davis Lake Street, Edwardsburg, Michigan, made the presentation for this bill. Mr. Welsch advised that Kinnucan Welsch Realty is a real estate holding company for Hoosier Tank and Manufacturing, Inc. Hoosier Tank is the manufacturer for the trailer industry with the REGULAR MEETING AUGUST 11, 2003 A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3228 -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 2267 CRANSTON STREET STAFFORDSHIRE ESTATES SUBDIVISION AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FORMANOJ & SUSHILA KUMAR, AND KATHIE DHUIVETTER 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 2267 Cranston Street, Staffordshire Estates Subdivision South Bend, Indiana, and which is more particularly described as follows: Lot 42; Staffordshire Estates Subdivision, Section One and which has Key Number 26 -1035- 058924, as an Economic Revitalization Area; and 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 seci., 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 seg., 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 q., for tax abatement. 0 REGULAR MEETING AUGUST 11, 2003 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: 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 ofBenefits 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) REGULAR MEETING AUGUST 11, 2003 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 unanimously to send it to the full Council with a favorable recommendation. Mr. Jim Clauson, 5632 Danbury Drive, representing Place Builders, made the presentation for this bill. Mr. Clauson advised that Place Builders will be building a thirteen hundred (1,300) square foot three (3) bedroom, two (2) bathroom house at an approximate cost of one hundred ten thousand dollars ($110,000.00). 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 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 61 -03 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. 1 I� 0 REGULAR MEETING AUGUST 11, 2003 AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on August 25, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE PROCEEDS DERIVED FROM THE INDIANA DEVELOPMENT GRANT FUND IN THE AMOUNT OF $1,050,000 WITHIN THE STATE GRANTS FUND (FUND 210) FOR THE PURPOSE OF FINANCING THE DEVELOPMENT COSTS CONNECTED WITH THE TJX/AJ WRIGHT DISTRIBUTION CENTER PROJECT This bill had first reading. Councilmember Varner made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on August 25, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JOHN SWANSON Mr. John Swanson, 1321 West Washington, South Bend, Indiana, informed the Council that he would like to remind the them of his request for a place where youth could go to play basketball to keep them out of trouble. He noted that Councilmember Coleman is the Chairperson of the Parks, Recreation and Cultural Arts Committee and this issue should come under his jurisdiction. REGULAR MEETING AUGUST 11, 2003 ADJOURNMENT There being no further business to come before the Council, President White adj ourned the meeting at 8:07 p.m. ATTEST: Loretta J. , CC Jerk ATTEST: Kar n L. White, President 1 0