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HomeMy WebLinkAbout08-25-03 Council Meeting MinutesREGULAR MEETING AUGUST 25, 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 25, 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 5t' District Ervin Kuspa 6' 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 August 11, 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 August 11, 2003 meeting of the Council be accepted and placed on file. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS REGULAR MEETING AUGUST 25, 2003 WHEREAS, the Common Council notes that on the 28th day of August, 2003, a new school year begins for the many youth attending schools in the South Bend Community School Corporation and notes that Earlean Chatman will begin her 40th year of teaching; and WHEREAS, our community is indeed fortunate that in 1970 Earlean Chatman moved to South Bend and began a teaching assignment as a special education teacher; and WHEREAS, the Common Council recognizes that for the past thirty -three (33) years, Earlean Chatman has taught special education, with the first eleven (11) years at Studebaker Elementary and at Coquillard Primary Center thereafter; and WHEREAS, in addition to Earlean Chatman's sincere dedication and commitment to educating youth, she works with the adult education program, teaches home -bound children and dedicates a portion of her time and talents to creating smiles on the more senior faces of the individuals at the St. Joseph's Care Center on Lombardy Street; and WHEREAS, because of Earlean Chatman's caring attitude, commitment to excellence and her can do spirit, she is indeed a special person and gifted teacher who has truly made a difference in our community. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all of the citizens of South Bend, Indiana, the Common Council hereby publicly honors EARLEAN CHATMAN, a tireless advocate who has been providing her quality and caring educational talents for the past thirty -three (33) years as a special education teacher in the South Bend Community School Corporation. Section II. The Common Council is proud to join with the many other citizens and organizations in commending EARLEAN CHATMAN for being selected by the Indiana State Teacher's Association as the "Minority Educator of the Year" for calendar year 2003, an award which she will share with Plymouth High School Spanish Teacher Mary Alice Ruiz. Section III. The Council believes that EARLEAN CHATMAN has brought honor not only to herself, Coquillard Primary Center, the South Bend Community School Corporation, and the place she calls home, the City of South Bend; and the Council wishes this very special and gifted teacher many more years of service in the classroom and thanks her for her dedication. Section IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /James Aranowski, First District s /Charlotte D. Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s /Dr. David Varner, Fifth District s /Ervin Kuspa, Sixth District s /Sean Coleman, At Large s /Al `Buddy" Kirsits, At Large s/Karen L. White, At Large 1 1 a REGULAR MEETING AUGUST 25, 2003 Ms. Chatman advised that one month ago she accepted the Minority Educator of the Year Award in Indianapolis and she was speechless when she was asked to come this evening to be honored and is humbled and thrilled to be recognized by the Common Council. A Public Hearing was held on the Resolution at this time. Ms. Pat O'Connor, 53190 Juniper Road, South Bend, Indiana, congratulated Ms. Chatman on this award and thanked the Council for acknowledging her excellence as a South Bend teacher. There was no one else present wishing to speak in favor of this Resolution and there was no one present wishing to speak in opposition. Councilmember Kelly made a motion to approve this Resolution by acclamation. Councilmember Varner seconded the motion which carried by acclamation. President White informed Ms. Chatman that she has made the Council and the community proud and the Council is honored to have this opportunity to honor such a fine teacher. Councilmember Pfeifer stated that it is wonderful to have a teacher like Ms. Chatman to set the example. Previously not a lot of young people wanted to be teachers and teachers like Ms. Chatman made that difference. Councilmember Kuspa noted that it takes a very special person to be a teacher and if she was not a special person she would not be here today. Councilmember Kuspa congratulated Ms. Chatman on this award. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember King 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 REGULAR MEETING AUGUST 25, 2003 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 there are three (3) items set for Public Hearing this evening. However, Bill No. 62 -03 will be postponed until September 8, 2003 at the request of the Petitioner. PUBLIC HEARINGS 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 King, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on the substitute version of this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mayor Steve Luecke, 810 Leland Avenue, South Bend, Indiana, made the presentation for this bill. Mayor Luecke advised that he is delighted to ask for the Council's favorable action on this bill which is another step to bring some additional resources to the community to help with the redevelopment of the Scottsdale Mall area. Mayor Luecke advised that South Bend is the first community in the state of Indiana to successfully move forward with a Sales Tax Increment Financing (STIF) district. This will allow the City to capture sales tax dollars for use in redevelopment activities. The State Board of Finance had its first meeting on this issue and approved the creation of the district. The Redevelopment Commission acted favorably in terms of establishing the district and affirming the need for the district as well as affirming the Plan for the REGULAR MEETING AUGUST 25, 2003 square feet the City meets that requirement. They also wanted to see that there had been extensive effort by the local community to try other approaches to redevelop the property and the City has been working to bring new investment to that site for a number of years. The state wanted to see a local match for the state dollars in terms of the work that is done at the site and the City will be providing that through a pledge of the tax increment finance revenue that is generated on that site back into the project as well as potentially some COIT dollars to go into the project. Mayor Luecke thanked the Council for their support in this effort to bring new retail opportunities to South Bend. Councilmember Kelly made a motion to consider the substitute version of this bill as heard in the Community and Economic Development Committee meeting this afternoon. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 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 Aranowski 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. 62 -03 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE CITY OF SOUTH BEND, INDIANA, TO ISSUE ITS "ECONOMIC DEVELOPMENT REVENUE BONDS OF 2003 (KITE CAPITAL, LLC/ERSKINE VILLAGE PROJECT)" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION AND 00 /100 DOLLARS ($6,000,000.00) AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO Councilmember Coleman made a motion to postpone the Public Hearing on this bill until the September 8, 2003 meeting of the Council at the request of the Petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 63 -03 PUBLIC HEARING 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 Councilmember King, Chairperson, Community and Economic Development Committee, reported that 4hia hold . D „hl;- T-T-- -- -- a1-:.. 1-:11 Q1-_- _II---- --- ___ -1 --- — A _ - - I . . ” 1 11 REGULAR MEETING AUGUST 25, 2003 can finish paying the bills for the TJX Project. He noted that the state gave the money to the City to allow for infrastructure improvements on the site and as the project nears completion this is required as a last cleanup measure. 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 nine (9) ayes. RISE AND REPORT Councilmember Pfeifer 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: Janic ' Talboom, Deputy City Clerk 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 7:22 p.m. Council President Karen L. White presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9444 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; ROBERT E. & CAROLYN L. GABY, 23953 BRICK ROAD This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kuspa seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9445 -03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE .. �tr...:T �-. r.�rr� r�rT�T,T IT.T l�Tlw lTT.TT /"l11�.TT .TTCT CTTlIAT�C D REGULAR MEETING AUGUST 25, 2003 This bill had third reading. Councilmember Coleman made a motion to consider the substitute version of this bill. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman made a motion to pass this bill as substituted. Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9446 -03 AN ORDINANCE 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 third reading. Councilmember Coleman made a motion to pass this bill. Councilmember King seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3230 -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 AND BEING LOT 70 OF WOODED ESTATES ON THE SOUTH SIDE OF OAK PARK DRIVE APPROXIMATELY 165 FEET WEST OF IRONWOOD DRIVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, required 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: REGULAR MEETING AUGUST 25, 2003 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: I. 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 and subject to the Letter Agreement dated August 25, 2003, which is attached hereto and incorporated herein as Exhibit A. SECTION V. 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 Council Attorney Kathleen Cekanski - Farrand advised that Councilmember Kuspa will give a committee report and in that report he will mention that the parties reached an agreement with regard to certain commitments. In light of that she read into the record a proposed amendment to the Resolution as follows: Section IV. Page 2 strike the period (.) after the word "Clerk" and add the following language: and subject to the Letter Agreement dated August 25, 2003, which is attached hereto and incorporated herein as Exhibit A. Councilmember Aranowski made a motion to accept this amendment as read. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. M REGULAR MEETING AUGUST 25, 2003 Mr. Bajdek advised that the Board of Zoning Appeals sent the Petition of Ironwood Family Dentistry LLC seeking a special exception for the continuation of a parking lot on property located on the south side of Oak Park Drive to the Common Council with a favorable recommendation. Mr. Derek Spier, Planner, Abonmarche Consultants, 750 Lincoln Way East, South Bend, Indiana, representing Dr. Russell Murphy, Ironwood Family Dentistry, current owner of the site, made the presentation for this bill. Mr. Spier advised that this Special Exception is requested to allow for the continued use and improvement of an existing parking lot on Lot 70 of Wooded Estates. This parking lot is zoned "A" Residential. The parking lot is currently paved and was previously used to provide parking for the insurance office which is located to the south of the new dentist office. The parking will serve as additional parking for the new dentist office which is currently being constructed to the east of the parking lot. Per the zoning ordinance requirements and an agreement between Dr. Murphy and the Catanzarite's who own property to the west, a screening fence and vegetative buffer will be provided between the parking lot and the residential lots to the west and to the south. A Public Hearing was held on the Resolution at this time. Mr. Mark Catanzarite, 2022 Oak Park Drive, South Bend, Indiana, advised that his property is directly west of this proposed special exception. He asked that the Council vote favorably for this bill in that Ironwood Dentistry LLC has made considerable concessions based on the concerns of he and his wife and they are pleased with those concessions that were made and the special agreement that was reached. There was no one else present wishing to speak to the Council in favor of this bill and there was no one present wishing to speak in opposition to this bill. Councilmember Coleman made a motion to adopt this Resolution as amended. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3231 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANN +HUMMEL USA, INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1827 North T1.4— -,,.7 . :.1,; .L. ;, a_.. yt_a -- r -�� - -- - REGULAR MEETING AUGUST 25, 2003 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 an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et se . SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Karen L. White Member of the Common Council Mr. Mark Witucki, 12255 Saddlehorn Court, made the presentation for this bill. Mr. Witucki advised that Mann +Hummel USA is requesting a tax abatement for a project that involves the installation of machinery and equipment. Approximately $2.6 will provide the facility with additional capacity to supply General Motors. They will also hire ten (10) full time new employees and will use local contractors for installation of the equipment. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3232 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3605 W. ..� '. .-.r . rr. r n ♦ r ml1 T1T A AT r.111XTl1TXT11 REGULAR MEETING AUGUST 25, 2003 WHEREAS, a Declaratory Resolution designated the area commonly known as 3605 W. Cleveland Road and which is more particularly described as follows: A tract of land in part of the East half of Section 21, Township 3 8 North, Range 2 East, 2nd P.M. St. Joseph County, Indiana with said real estate having the following Key Number 25 -500- 19994, as an Economic Revitalization 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 an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Personal property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Personal 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 et se q. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. s/Karen L. White Member of the Common Council Mr. Earl Hoff, representing Federal -Mogul Corporation, 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 proj ect involves the purchase of equipment to anodize the top ring groove of pistons for GM, Ford and Nissan. The cost of the project is $4.45. They will also employ twelve (12) additional employees in addition to the five hundred sixty -six (566) employees they have today. Federal -Mogul anodizes about 11.5 million pistons. Mr. Hoff stated that anodizing the ring groove is the leading edge for high performance pistons. REGULAR MEETING AUGUST 25, 2003 RESOLUTION NO. 3233 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1105 ST. PETER STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR JOHN M. AND ERIN L. RYAL WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 1105 St. Peter Street South Bend, Indiana, and which are 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 South Bend, recorded July 27, 1860 in Plat Book 1, page 10 in the Office of the Recorder of St. Joseph County, Indiana, together with the East Half of a vacated alley lying West of a adjacent said lots. and which has Key Number 18 -5104 -3621 and 18 -5104 -3622, as an Economic Revitalization Area 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 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 ■ REGULAR MEETING AUGUST 25, 2003 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 areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White Member of the Common Council Mr. John Ryal, 218 Napoleon, South Bend, Indiana, made the presentation for this bill. Mr. Ryal advised that the project entails the construction of a new home at 1105 St. Peter Street on property which they own. It will be a two (2) story residence of approximately three thousand five hundred (3,500) square feet with construction costs of three hundred thousand dollars r� znn nnn nm REGULAR MEETING AUGUST 25, 2003 RESOLUTION NO. 3234 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 201 NORTH OLIVE STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR KINNUCAN WELSCH REALTY L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated 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, as an Economic Revitalization 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 an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of ten (10) 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 et sea. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the REGULAR MEETING AUGUST 25, 2003 Mr. Welsch advised that this tax abatement is for a proposed ten thousand (10,000) square foot building. 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. 3235 -03 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2267 CRANSTON STREET, STAFFORDSHIRE ESTATES SUBDIVISION, A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR MANOJ & SUSHILA KUMAR, AND KATHIE DHUIVETTER WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the areas commonly known as 2267 Cranston Street, Staffordshire Estates Subdivision South Bend, Indiana, and which are 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 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 REGULAR MEETING AUGUST 25, 2003 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 areas described herein as Residentially Distressed Areas for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White . REGULAR MEETING AUGUST 25, 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 Varner made a motion to adopt this Resolution. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3236 -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 4521 NIMTZ PARKWAY AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR IMAGINEERING PROPERTIES, L.L.C. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 4521 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: Lot 27 H.G. Baus Centre Phase Three Recorded on January 4, 2001, number 0100498. The lot contains 8.67 acres. and which has Key Number 25- 1010 - 036104, as an Economic Revitalization 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 an economic revitalization 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 confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such _-1__ --A A :_ 11___1— A — `___ ins --I _._ -I- _ __-- __ r_ _ __ _ .i_ _ REGULAR MEETING AUGUST 25, 2003 SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved 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. F. James Hammer, President and CEO, Imagineering Enterprises and Managing Member, Imagineering Properties, no address given, made the presentation for this bill. Mr. Hammer advised that this project requires construction of a fifty thousand (50,000) square foot building and purchase of new equipment to be erected on an 8.7 acre tract at 4521 Nimtz Parkway. The estimated cost of the project is $4 million and will include a processing facility and offices for operations in South Bend. This project will create six (6) new permanent jobs within the first year with an annual additional payroll of one hundred ninety thousand ($190,000.00) and will maintain fifty -two (52) existing permanent full time and two (2) existing permanent part-time jobs with an annual payroll of over $1.8. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3237 -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 533 SOUTH CHAPIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: ROSE FUEL & MATERIALS, INC. 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 533 South Chapin Street, South Bend, Indiana, and which is more particularly described as follows: That part of the Southeast and Southwest Quarters of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana . REGULAR MEETING AUGUST 25, 2003 61.77 feet more or less to the Southerly line of proposed Oliver plow Court; thence around a 60.00 foot radius curve to the left and arc distance of 103.60 feet more or less to the end of a chord which bears N. 81( - 06' -23" E. and having a distance of 91.20 feet more or less; thence around a 25.00 foot radius curve to the right an are distance of 19.16 feet more or less to the end of a chord which bears N. 53( -36'- 03" E. and having a distance of 18.70 feet more or less; thence around a 312.00 foot radius curve to the left an arc distance of 43.49 feet more or less to the end of a chord which bears N. 71( - 33' -54" E. and having a distance of 43.45 feet more or less; thence N. 70( - 12' -21" E., 188.77 feet more or less; thence around a 138.00 foot radius curve to the right and arc distance of 247.68 feet more or less to the end of a chord which bears N. 80( -06' -16" E. and having a distance of 47.45 feet more or less; thence N. 89( - 59' -49" E., 67.22 feet more or less; thence around a 138.00 foot radius curve to the right and arc distance of 32.01 feet more or less to the end of a chord which bears S. 83( -21'- 09" E. and having a distance of 31.94 feet more or less; thence S. 00( - 03' -37" W., 558.85 feet more or less; thence N. 89( - 59' -49" W., 210.59 feet more or less to the point of beginning. Containing 4.84 acres more or less. Subject to all legal highways, easements and restrictions of record. and which has Key Number 18- 3061 -2351, 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 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 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 sea., for tax abatement. REGULAR MEETING AUGUST 25, 2003 C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; 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 six (6) 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 to send it to the full Council with a favorable recommendation. Mr. Jay Harwood, 14374 North Hampton Drive, South Bend, Indiana, representing Rose Fuel and ■ REGULAR MEETING A Public Hearing was held on the Resolution at this time. AUGUST 25, 2003 There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember King made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3238 -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 6130 BRIDGETON ROAD AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH & MARIA SAVIANO 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 South Bend, Indiana, and which is more particularly described as follows: Street Address: Legal Description: Key Number: 6130 Bridgeton Road Lot 25 A Kesington Farm East 23 -1051 -3278 Section Six, Part Two be designated as a Residentially Distressed 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et seq., 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 sea., for tax abatement. REGULAR MEETING AUGUST 25, 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: 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 ofbenefits 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. ■ REGULAR MEETING AUGUST 25, 2003 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 Coleman made a motion to consider the substitute version of this bill. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. 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. Joseph Saviano, 18457 Kern Road, South Bend, Indiana, made the presentation for this bill. Mr. Saviano advised that he proposes to build a single family home for himself at 6130 Bridgeton Lane. The house will be approximately thirty five hundred (3,500) square feet with three (3) bedrooms, two and one half (2 1/2) baths, full basement and a two (2) car garage. 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 as substituted. Councilmember Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3239 -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 1904, 1908, 1912, 1916,1920,1924,2002,2006,20 10 AND 2014 S. PHILIPPA AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR JOSEPH SAVIANO 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 South Bend, Indiana, and which is more particularly described as follows: REGULAR MEETING AUGUST 25, 2003 1916 S. Philippa Lot 231 Highland Park 2' Addition 18- 8097 -3704 1920 S. Philippa Lot 230 Highland Park 2nd Addition 18- 8097 -3705 1924 S. Philippa Lot 229 Highland Park 2nd Addition 18- 8097 -3706 2002 S. Philippa Lot 228 Highland Park 21 Addition 18- 8097 -3707 2006 S. Philippa Lot 227 Highland Park 2nd Addition 18- 8097 -3708 2010 S. Philippa Lot 226 Highland Park 2nd Addition 18- 8097 -3709 2014 S. Philippa Lot 225 Highland Park 21 Addition 18- 8097 -3710 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 sue., 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 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 ■ REGULAR MEETING AUGUST 25, 2003 SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice ofthe 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 REGULAR MEETING AUGUST 25, 2003 Mr. Joseph Saviano, 18457 Kern Road, South Bend, Indiana, made the presentation for this bill. Mr. Saviano advised that he proposes to build ten (10) single family homes on South Philippa Street. The homes will range from eight hundred (800) to one thousand (1,000) square feet, have between two (2) and three (3) bedrooms, full bath, full basement and a single car garage. The total cost will be between seventy thousand dollars ($70,000.00) and eighty thousand dollars ($80,000.00) per home and the total construction will be about seven hundred fifty thousand dollars ($750,000.00). 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 Kuspa seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 64 -03 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2004 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 8, 2003 and Third Reading on September 22, 2003. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2004 AND ENDING DECEMBER 31, 2004, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Kelly made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 8, 2003 and Third Reading on September 22, 2003. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. ■ REGULAR MEETING AUGUST 25, 2003 BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing on September 8, 2003 and Third Reading on September 22, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 67 -03 FIRST READING ON A BILL FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2004 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 8, 2003. Councilmember Varner seconded the motion which carried by a voice vote ofnine (9) ayes. BILL NO. 68 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE MAYOR AND FOR THE CITY CLERK FOR CALENDAR YEAR 2004 This bill had first reading. Councilmember Aranowski made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on October 13, 2003. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 69 -03 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 20, ARTICLE 1, SECTION 20 -18 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE OVERTIME PARKING FINES This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on September 22, 2003. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORTS FROM AREA PLAN COMMISSION: REGULAR MEETING AUGUST 25, 2003 BILL NO. 51-03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST DOUGLAS ROAD, IN THE CITY OF SOUTH BEND, INDIANA BILL NO.5 8 -03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to refer these bills to the Zoning and Annexation Committee and set them for Public Hearing and Third Reading on September 8, 2003. Councilmember Kuspa seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS ANNOUNCEMENT OF BUDGET MEETINGS Councilmember Aranowski announced that the annual budget hearings will start on Tuesday, August 26, 2003 at 3:30 p.m. and the schedule can be obtained in the City Clerk's office. President White noted that these meetings are open to the public and the Council encourages the public to attend, provide input and learn more about the financing of the City. NOTIFICATION OF DISTRICT PARK MEETINGS Councilmember Pfeifer advised that the Park and Recreation Department will be holding Public Hearings in each district of the City. Citizens can call the Park Department or the Clerk's office to find out the dates and times of the meetings in each district. Councilmember Pfeifer asked citizens to come to these meetings with their questions and concerns and provide feedback so the Park Department can prepare their Master Plan. PRIVILEGE OF THE FLOOR COMMENTS BY MR. JIM CIERZNIAK CONCERNING THE COLLEGE FOOTBALL HALL OF FAME AND THE DEMOLITION OF OLIVER SCHOOL Mr. Jim Cierzniak, 1156 East Victoria Street, South Bend, Indiana, informed the Council that the National Football Foundation is an organization exempt from income tax and he submitted to them the tax return for 2001 which they filed. The return shows that the NFF has $15 million dollars in assets. More importantly, they have a portfolio of $10 million dollars. Mr. Cierzniak asked the Council to look at this report. He noted that it is not a complete report but contains pages that he put together with the more important information. One page lists salaries but Director Bernie Kish of the College Football Hall of Fame is not listed. He noted that the NFF has turned down both his and Councilmember Varner's request for that information. Mr. Cierzniak also informed the Council that the reports on the College Football Hall of Fame are very slow in getting to South Bend and he told the Council that anything they can do to speed this process up would be desirable. Mr. Cierzniak also informed the Council that at the August 11, 2003 meeting of the Board of Public Works a Change Order and new contract price for the demolition of Oliver School . REGULAR MEETING AUGUST 25, 2003 of the City. He asked the Council to take it upon themselves to find out why the City ended up paying that much to demolish that school when they did not pay for other schools that were taken down. ANNOUNCEMENT OF NEXT COUNCIL MEETING DATE President White advised that the next meeting of the Council will be held on Monday, September 8, 2003. ADJOURNMENT There being no further business to come before the Council, President White adjourned the meeting at 8:00 p.m. ATTEST: oretta J. u , City lerk ATTEST, K!aren L. White, President