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HomeMy WebLinkAbout06-10-02 Council Meeting MinutesREGULAR MEETING JUNE 10, 2002 Be it remembered that the Common Council of the City of South Bend, Indiana, met in the Council Chambers of the County -City Building on Monday, June 10, 2002, at 7:00 p.m. The meeting was called to order by Council President Roland Kelly and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: None 1" District 2nd District 3rd District President 4th District Chairperson, Committee of the Whole 5t' District 6th District At -Large At -Large At -Large Vice - President REPORT FROM THE SUB- COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the May 28, 2002 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Roland Kelly s/David Varner Councilmember Coleman made a motion that the minutes of the May 28, 2002 meeting of the Council be accepted and placed on file. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS APPOINTMENT TO NEIGHBORHOOD RESOURCES AND TECHNICAL SERVICES BOARD Council President Kelly announced the appointment of Councilmember Karen White as the Council appointee to the Neighborhood Resources and Technical Services Board replacing Councilmember Charlotte Pfeifer. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:03 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Chairman King presiding. BILL NO. 30 -02 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 CENTRE TOWNSHIP CONTIGUOUS THEREWITH; MARY BETH WISEMAN, 60645 MAIN ST. -1- REGULAR MEETING JUNE 10, 2002 Councilmember Coleman made a motion to continue this bill until the July 22, 2002 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. 19 -02 PUBLIC HEARING AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2733 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to continue this bill until the June 24, 2002 meeting of the Council. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 40 -02 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE FROM 21ST STREET WEST TO THE FIRST NORTH /SOUTH ALLEY; AND THE FIRST NORTH /SOUTH ALLEY WEST OF 21ST STREET FROM THE FIRST EAST /WEST ALLEY SOUTH OF MISHAWAKA AVENUE Councilmember Coleman made a motion to continue this bill until the June 24, 2002 meeting of the Council at the request of the petitioner. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 29 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW REVOLVING FUND TO BE KNOWN AS THE INDUSTRIAL DEVELOPMENT FUND ( #434) Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that last year the Indiana legislature amended an existing law allowing for a community revitalization enhancement district otherwise known as CREED to be established in among other places St. Joseph County and South Bend. As part of that legislation, a fund needs to be set up in which monies that are received as part of this financing mechanism are deposited. This bill sets up that fund which will be Fund #434. The purpose of the CREED district is to capture sales tax growth and income tax growth in an area that is designated as a CREED area. The money that will be collected must be used in accordance with a plan that will be adopted for the area which is to promote the revitalization and redevelopment of the Studebaker Oliver area and some surrounding areas. Ms. Kolata noted that this bill is specifically for the creation of the fund. This .being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. -2- REGULAR MEETING JUNE 10, 2002 There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 37 -02 PUBLIC HEARING ON A BILL APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jon Hunt, Executive Director, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Hunt informed the Council that Federal Urban Development Action Grant funds are used for predevelopment activities which range from planning, to preliminary engineering to market analysis for a variety of projects. This appropriation of sixty thousand dollars ($60,000.00) will be used and devoted to the development of the City Plan within the Area Plan Commission's Comprehensive Plan that will be voted on later this year. The twenty thousand dollars ($20,000.00) appropriated at the last meeting will be added to this amount for a total of eighty thousand dollars ($80,000.00) for this project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 38 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $100,000 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this bill will appropriate one hundred thousand dollars ($100,000.00) of -3- REGULAR MEETING JUNE 10, 2002 grant funds which have been received from the U.S. Department of Housing and Urban Development from their Economic Development Initiative Program to redevelop the Studebaker Oliver Project area and for a portion of the cost of the demolition of the Oliver property. The funds are a grant from the federal government and are specifically for the Studebaker Oliver project and cannot be used for any other purpose. These funds will be added to other funds that have been obtained in previous years for this project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -02 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING AN OMISSION IN ORDINANCE NO. 9179 -00 WHICH ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES AND ALLOCATED COSTS TO A RECENTLY ANNEXED AREA WITHIN THE CITY OF SOUTH BEND AND TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Councilmember Al "Buddy" Kirsits reported that the Utilities Committee met on this bill this afternoon and sends it to the Council with a favorable recommendation. Mr. Gary Gilot, Director, Department of Public Works, 13th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Mr. Gilot stated that the technical correction is to follow previous ordinances which cap the assessment for water within the City limits at two thousand dollars ($2,000.00) and for sewer within the City limits at three thousand dollars ($3,000.00). 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. RISE AND REPORT Councilmember Pfeifer made motion to rise and report to the full Council. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. S Loret a J. a, Ci Clerk so REGULAR MEETING JUNE 10, 2002 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 7:15 p.m. Council President Roland Kelly presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 9331 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING A NEW REVOLVING FUND TO BE KNOWN AS THE INDUSTRIAL DEVELOPMENT FUND ( #434) This bill had third reading. Councilmember Coleman made a motion to pass this bill. Councilmember White seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9332 -02 AN ORDINANCE APPROPRIATING $60,000 WITHIN THE U.D.A.G. FUND (FUND 410) OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR THE PURPOSE OF PROVIDING PREDEVELOPMENT COSTS FOR POTENTIAL DEVELOPMENT PROJECTS WITHIN THE CITY OF SOUTH BEND This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Coleman seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9333 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING $100,000 OF UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ECONOMIC DEVELOPMENT INITIATIVE GRANT FUNDS WITHIN FUND 209 FOR THE PURPOSE OF REDEVELOPMENT OF THE STUDEBAKER - OLIVER PROJECT AREA This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Pfeifer seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9334 -02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CORRECTING AN OMISSION IN ORDINANCE NO. 9179 -00 WHICH ORDINANCE EXTENDED AND PROVIDED UTILITY SERVICES AND ALLOCATED COSTS TO A RECENTLY ANNEXED AREA WITHIN THE CITY OF SOUTH BEND AND TO AN AREA OUTSIDE THE CITY LIMITS LOCATED ALONG U.S. 31 SOUTH AND MAIN STREET IN CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA This bill had third reading. Councilmember Coleman made a motion to pass this bill. -5- REGULAR MEETING JUNE 10, 2002 Councilmember Varner seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 3099 -02 A RESOLUTION OF THE SOUTH BEND COMMON COUNCIL REFERRING TO AND REQUESTING THAT THE CITY OF SOUTH BEND ADVISORY COMMISSION ON INDUSTRIAL DEVELOPMENT APPROVE A COMMUNITY REVITALIZATION AND ENHANCEMENT DISTRICT (CREED) WHEREAS, the City of South Bend is eligible for the benefits of I.C. 36 -7 -13.1 et seq. which dedicates certain funds for the purpose of industrial development and improvement of those geographic areas deemed to be in need of revitalization, known as "Community Revitalization Enhancement District(s) (CREED); and WHEREAS, the Mayor of South Bend, pursuant to I.C. 36- 7 -13 -10 desires to submit an application to the South Bend Advisory Commission on Industrial Development to designate an area within the City of South Bend as a CREED district, specifically, the areas described as areas A through G on one of the two maps attached to this Resolution: and WHEREAS, pursuant to Indiana law, I.C. 36- 7 -13 -1 et seq., the South Bend Advisory Commission on Industrial Development must determine whether an area proposed for CREED treatment complies with all the requirements of I.C. 36- 7- 13- 12(d). NOW, THEREFORE, BE IT RESOLVED by the Common Council of South Bend as follows: Section I. The Mayor of South Bend is hereby directed to submit his proposed application to designate a CREED district to the City of South Bend Advisory Commission on Industrial Development which proposed district shall consist of geographic Areas A through G shown on one of the two maps attached to this Resolution, which are roughly identified as follows: Area A Former Studebaker Plant 2 - south of Sample Street Area B Former Studebaker Plant 1 - north of Sample Street Area C Former Oliver Plow Works Area D Area located south of Sample and west of Prairie Area E Area located north of Sample between Chapin and Prairie Area F Area located at 635 South Main Street and associated parking lots on the east side of Main just north and south of Bronson Street Area G Area located south of Sample between Franklin and Lafayette Section II. The City of South Bend Advisory Commission on Industrial Development is directed to review the proposed application for a CREED district and to determine whether it satisfies the requirements of I.C. 36- 7- 13 -12(d) namely, that: 01 REGULAR MEETING JUNE 10, 2002 (1) The area contains a building or buildings: (A) with at least one million five hundred thousand (1,500,000) square feet of usable interior floor space; and (B) that is or are vacant or will become vacant. (2) At least eighteen thousand (18,000) fewer persons are employed in the area at the time of application than were employed in the area before the time of application. (3) There are significant obstacles to redevelopment of the area due to any of the following problems: (A) Obsolete or inefficient buildings. (B) Aging infrastructure or inefficient utility services. (C) Utility relocation requirements. (D) Transportation or access problems. (E) Topographical obstacles to redevelopment. (F) Environmental contamination. (4) The unit has expended, appropriated, pooled, set aside, or pledged at least one hundred thousand dollars ($100,000) for purposes of addressing the redevelopment obstacles described in subdivision (3). (5) The area is located in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000). Section III. The City of South Bend Advisory Commission on Industrial Development shall report to the Mayor and the South Bend Common Council the results of its findings under Section II, and shall further recommend the duration of the district which shall not exceed fifteen years. Section IV. The City of South Bend Advisory Commission on Industrial Development shall further comply fully with the requirements of the South Bend Municipal Code Section 2 -58 including to provide the South Bend Common Council in writing with its full list of members (and the membership information required by Section 2 -58) by February 1 of each calendar year, to provide the Common Council with its agenda forth eight (48) hours prior to a scheduled meeting, and with minutes of its meeting at least ten (10) days after each meeting is held. Section V. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. s/Roland Kelly Member, South Bend Common Council Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. -7- REGULAR MEETING JUNE 10, 2002 Ms. Ann Kolata, Senior Redevelopment Specialist, Community & Economic Development, 12th Floor, County -City Building, South Bend, Indiana, made the presentation for this bill. Ms. Kolata advised that this Resolution endorses the request to the South Bend Advisory Commission on Industrial Development that they designate an area within the City of South Bend as a CREED district. It outlines specifically the general area that is to be designated and asks them to consider that as a location for this new program that is available to the City. The second section of the Resolution itemizes the criteria by which the City must meet the requirements of the state law. The most significant ones are that the area must have at least 1.5 million square feet of vacant floor space, eighteen thousand (18,000) jobs must have been lost over time and the City must have significant obstacles to redevelopment of the area due to any of the following: obsolete or inefficient buildings, aging infrastructure, utility relocation requirements, transportation or access problems, topographical obstacles to redevelopment or environmental contamination. The City must also agree to commit at least one hundred thousand dollars ($100,000.00) for the purpose of addressing the redevelopment obstacles that were listed. Ms. Kolata noted that the City has met all of the criteria for the proposed district and she asked that the Council endorse this Resolution. Ms. Kolata further noted that the Mayor will appoint six (6) members to this Commission while the Governor, Lieutenant Governor and Department of Workforce Development will each appoint one (1) member. These members will then designate the area and send the plan downstate for approval. 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 King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3100 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2101 PORTAGE AVENUE RESIDENTIAL DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR KURT OGOREK 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 2101 Portage Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 2101 Portage Avenue Lot 8 Jackson Sub Prop 18- 2116 - 423901 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 In REGULAR MEETING JUNE 10, 2002 WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject to 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 to 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 proj ects 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. In REGULAR MEETING JUNE 10, 2002 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/Roland Kelly Member of the Common Council Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski stated that he represents Mr. Ogorek who is seeking a tax abatement for a residential structure in this neighborhood and appreciates any assistance he can receive. 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. 3101 -02 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 5301 OLDS AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DIANE R. CUNNINGHAM 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 5301 Olds Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 5301 Olds Avenue Lot 98 Portage Garden 18- 2223 -8323 be designated as a Residentially Distressed Area; and -10- REGULAR MEETING JUNE 10, 2002 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 to 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 to 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 -11- REGULAR MEETING JUNE 10, 2002 that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se 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/Roland Kelly Member of the Common Council Mr. Mike Urbanski, 17874 State Road 23, South Bend, Indiana, made the presentation for this Resolution. Mr. Urbanski advised that he represents Ms. Diane Cunningham who desires to construct a one thousand thirty -six (1,036) square foot house on Olds Avenue. Mr. Urbanski noted that some individuals who are building a house are first time home buyers who have grants but some individuals are not. Mr. Urbanski noted that Ms. Cunningham is very deserving and is purchasing her house at market rate and with this tax abatement she will be able to move out of an apartment and own her own home. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3102 -02 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 4833 AMERITECH DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR THE SOUTH BEND REDEVELOPMENT COMMISSION FOR THE BENEFIT OF: JVH, INC. WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for -12- 1 C 1 REGULAR MEETING JUNE 10, 2002 consideration by the Common Council of the City of South Bend, Indiana requesting that the area commonly known as 4833 Ameritech Drive, South Bend, Indiana, and which is more particularly described as follows: US 31 Industrial Park; Section 2, Lot 9 US 31 Industrial Park; Section 2, Lot 10 US 31 Industrial Park; Section 4, 1/2 of Lot 11 and which has Key Numbers 25- 1016- 060012; 25- 1016 - 060013; 25 -1016- 060016 respectively, 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. sea., 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. 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. B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; 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 of 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. -13- REGULAR MEETING JUNE 10, 2002 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 pursuant to Section 2 -84 of the South Bend Municipal Code finds the ten 10 years is the appropriate and rational time period for this tax abatement in light of the following: 1. The petitioner was asked by the City of South Bend to relocate the business to accommodate the TJX Company's new warehouse distribution center. 2. The petitioner will incur additional building costs associated with the new location as a result of the restrictive building covenants of the new area. 3. The new location fits the City of South Bend's development plans for the area and will support the warehouse and distribution services already located within the area. 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 of the 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 /Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Mr. Jim Van Houten, Owner and President of JVH, Inc., no address given, made the presentation for this Resolution. Mr. VanHouten advised that JVH proposes to build a twenty seven thousand two hundred (27,200) square foot building on approximately 7.7 acres in the US 31 Industrial Park. After completion, the building will be leased to MTE Truck & Trailer Service. This company is a Mack service dealer for Mack Truck and is an associate dealer for Volve Trucks. They will be selling, servicing, repairing and selling parts for both Volvo and Mack. Mr. VanHouten noted that MTE Parts, Inc. is a Great Dane parts distributor. This is a company that presently is at 1313 Prairie Avenue and will be housed at the same location when the building is completed. The visibility and easy access from US -14- 1 �1 1 REGULAR MEETING JUNE 10, 2002 31 will allow truck sales, repair and parts to be expanded very rapidly. Mr. VanHouten noted that the companies are relocating at this time because their current location at 1818 Sample Street has been purchased by the City for the TJX project at Sample and Olive Street. Mr. VanHouten advised that this tax abatement is very important for the success of this project. Councilmember Kirsits noted that Mr. VanHouten has been a big supporter of Little League Baseball in the community. Councilmember Kelly noted that these efforts by JVH, Inc. are very beneficial to the City of South Bend in its effort to bring TJX to the community and is appreciated. Mr. VanHouten responded that they are happy to participate in this project which will be good for the City and will bring jobs to the westside community. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Pfeifer made a motion to adopt this Resolution. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 3103 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RESCINDING RESOLUTION NO. 3090 -02 WHICH DECLARED 237 NORTH MICHIGAN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR TAX ABATEMENT FOR LA SALLE PROPERTY MANAGEMENT CO., INC. WHEREAS, the Common Council of the City of South Bend, Indiana adopted a Declaratory Resolution on April 22, 2002, which declared the property located at 237 North Michigan Street an economic revitalization area for purposes of a ten (10) year real property tax abatement for LaSalle Property Management Co., Inc.; and WHEREAS, said resolution was reviewed by the Community and Economic Development Committee which reviewed the written Tax Abatement Report from the Department of Community & Economic Development dated April 15, 2002, and detailed the information which verified the applicant's qualifications for the requested real property tax abatement under §2 -80 of the South Bend Municipal Code addressing "mixed use developments in the Central Business District" prior to formal action by the South Bend Common Council at the April 22, 2002 Common Council meeting; and WHEREAS, the South Bend Common Council received written communication from the Petitioner's agent dated May 25, 2002 requesting that "our application for a tax abatement for the property at 237 N. Michigan Street be withdrawn "; and WHEREAS, the South Bend Common Council formally struck Bill No. 02 -42 which was the proposed confirming resolution for said property at its May 28, 2002; and directed the Council Attorney to prepare a resolution to rescind the declaratory resolution on this property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Based on the verbal and written communications from the agent for the Petitioner, LaSalle Property Management Co., Inc., requesting withdrawal of their application for tax abatement -15- REGULAR MEETING JUNE 10, 2002 consideration, the Common Council of the City of South Bend, Indiana, hereby rescinds Resolution No. 3090 -02 which was the Declaratory Resolution on the property located at 237 North Michigan Street, which declared said property an economic revitalization area for purposes of a ten (10) year real property tax abatement for LaSalle Property Management Co., Inc. at the Council's April 22, 2002 meeting. Section II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Roland Kelly Member of the Common Council Councilmember King reported that the Community and Economic Development Committee conducted a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. Councilmember King made the presentation for this Resolution. He noted that as a point of clarification this Resolution, which rescinds the Declaratory Resolution for the tax abatement, does not imply that there was anything defective about the original Resolution or wrong with the petition or the project. He explained that the Confirming Resolution would have been acted on today. However, the petitioner felt that the project was not at the point where it was fair to move forward and therefore voluntarily withdrew the petition before the Council could act on the Confirming Resolution. The Community and Economic Development Committee felt that it was not wise to have a designating or declaratory Resolution in the records when there was not going to be a Confirming Resolution at any time that could be predicted. Councilmember King noted that the petitioner will ask the Council to consider the petition again in the future when the project is in a condition that he wants to carry forward. However, in the meantime, the Committee suggested that , the designating Resolution be rescinded in order to not leave a loose end. 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. BILLS - FIRST READING BILL NO. 41 -02 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: VORDEN COURT FROM THE EAST LINE OF LOT 5, BW BUSINESS PARK SUBDIVISION, RECORDED MARCH 16, 2001 AS INSTRUMENT NUMBER 0111166, TO THE END OF THE STREET FOR A DISTANCE 700 FEET AND A WIDTH OF 60 FEET. THE VACATION INCLUDES THE 60 FOOT RADIUS CUL -DE -SAC. BEING A PART OF BW BUSINESS PARK SUBDIVISION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on June 24, 2002. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. -16- REGULAR MEETING JUNE 10, 2002 BILL NO. 42 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13, BY THE INCLUSION OF NEW ARTICLE 1, ENTITLED GANG LOITERING REGULATIONS AND DELETING SECTIONS 13 -55 AND 13 -56 OF THE SOUTH BEND MUNICIPAL CODE This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Health and Public Safety Committee and the Residential Neighborhood Committee and set it for Public Hearing and Third Reading on June 24, 2002. Councilmember King seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 43 -02 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 17, ARTICLE 2, SECTION 71 -21 OF THE SOUTH BEND MUNICIPAL CODE TO ESTABLISH NEW SEWER RATES BOTH INSIDE AND OUTSIDE THE CITY LIMITS This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Utilities Committee and set it for Second Reading and Public Hearing at the June 24th meeting of the Council with Third Reading on July 8, 2002. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 44 -02 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 115 INDIANA AVENUE IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 45 -02 FIRST READING ON A BILL OF THE CITY OF SOUTH BEND, INDIANA, COMMON COUNCIL APPROVING AND AUTHORIZING THE GRANTING OF AN INDEMNITY IN CONNECTION WITH THE TJX PROJECT This bill had first reading. Councilmember Coleman made a motion that this bill be set for Second Reading, Public Hearing and Third Reading at the June 24th meeting of the Council and sent to the Personnel and Finance Committee and the Health and Public Safety Committee. Councilmember Varner 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. -17- REGULAR MEETING JUNE 10, 2002 PRIVILEGE OF THE FLOOR There was no one present wishing to address the Council at this time. ADJOURNMENT There being no further business to come before the Council, President Kelly adj ourned the meeting at 7:35 p.m. ATTEST: so ATTEST: Roland Kelly, President u 1