Loading...
HomeMy WebLinkAbout07-10-00 Council Meeting MinutesREGULAR MEETING JULY 10, 2000 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, July 10, 2000, at 7:00 p.m. The meeting was called to order by Council President Charlotte Pfeifer and the Invocation and Pledge to the Flag were given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King Andrew Uj dak Sean Coleman Al `Buddy" Kirsits Karen L. White Absent: David Varner 1St District Vice - President 2nd District President 3rd District 4'h District 6t'' District Chairperson, Committee of the Whole At -Large At -Large At -Large 5th District REPORT FROM THE SUB- COMMITTEE ON MINUTES It was noted that the minutes of the June 26, 2000 meeting will be submitted to the Council for consideration at the July 20 meeting of the Council. It was further noted that Councilmember Varner was not available to review the minutes of the June 26t' meeting. SPECIAL BUSINESS REPORT ON CENSUS 2000 Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, gave the Council an update on the census effort. Mr. Magliozzi distributed the Census 2000 Response Rate which he reviewed for the Council. The report indicates the Census Bureau activity including the mail -in response phase that was wrapped up in April. Mr. Magliozzi noted that the bureau stopped accumulating statistics on April 12t'' so they could get ready for the next phase which was the non - response follow -up phase. Each household that did not respond by April 12"' was to be contacted. If you mailed in your response after that date it was likely that you would receive a visit by a census enumerator. That phase was completed on June 16t'' and it was anticipated that they had close to a one hundred per cent (100 %) success rate in making contacts of those households that did not send back their form. The enumerators contacted, or attempted to contact, higher than ninety -five per cent (95 %) of those individuals which was their target. The rechecking of the field work began today. This phase consists of a quality check of those households already contacted. By September the local office will be closed down and the program finished. Mr. Magliozzi explained for the Council that the individuals that did not respond were contacted three (3) times. The enumerators used what they call the proxy method utilizing apartment management who refuse access to census enumerators. The bureau could not give out the exact number of responses they received in the non - response area because they were totaled as one number. It is the opinion of the local director that the response rate was met or exceeded the response rate from 1990. On December 31, 2000 the official numbers will be put on the President's desk. SPECIAL MEETING OF THE COUNCIL Council President Pfeifer advised that a Special Meeting of the Council will be held on Monday, July 31, 2000 at 7:00 p.m. in the Council Chambers. President Pfeifer noted that the single issue to be discussed at this meeting will be the living wage committee report. REGULAR MEETING JULY 10, 2000 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. Chairman Ujdak presiding. BILL NO. 28-00 A BILL OF THE COMMON COUNCIL AMENDING CHAPTER FOUR, ARTICLE FOUR, SECTION 18.5 OF THE SOUTH BEND MUNICIPAL CODE REGARDING ADULT BUSINESSES Councilmember Ujdak noted that the Council is in receipt of a letter from the City Attorney requesting that this bill be continued until the August 28`" meeting of the Council. Councilmember Ujdak further noted that the advisory opinion from the State Attorney General has been completed and it is anticipated that a copy of that opinion would be made available on either Tuesday or Wednesday of this week. The Council continues to work on getting a constitutional scholar opinion within the next three (3) or four (4) weeks in order to wrap up this issue. He anticipated that there would be a final Health and Public Safety Committee meeting prior to the vote on this issue on August 28f. Councilmember Coleman made a motion to continue this bill until the August 28, 2000 meeting of the Council at the request of the City Attorney. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. RISE AND REPORT Councilmember Coleman made motion to rise and report to the full Council. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. ATTEST: Lore%.4 , Ci Clerk Committee of the REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County -City Building at 7:16 p.m. Council President Charlotte Pfeifer presided with eight (8) members present. RESOLUTION NO. 2902-00 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALERS /TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 WHEREAS, the Common Council of the City of South Bend recognizes the contributions that operations such as junk/scrap and recycling dealers make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap /junk/and recycling dealers within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of the scrap / junk/and recycling dealers; 1 1 1 REGULAR MEETING JULY 10, 2000 WHEREAS, in accordance with these rules and regulations, inspections of the below listed scrap /junk/and recycling operations have been completed by the Department of Code Enforcement and the Fire Department Prevention Bureau, and it has been found that such premises are fit and proper for the maintenance and operation of such businesses; and WHEREAS, the Board of Public Works, at its meetings held on May 1, 2000, May 15, 2000 and May 30, 2000 recommended the issuance of the licenses for the below listed applicants in the City of South Bend by appropriate action of the Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the license applications for the following be approved based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Department Prevention Bureau, inspections having been made in April and May, 2000 and subsequent favorable recommendation by the Board of Public Works: Scrap Management Inc. Management Corporation 3123 S. Gertrude South Bend, Indiana 46614 Weaver Truck & Equipment Co. 3605 South Gertrude South Bend, Indiana 46614 C &C Salvage, Inc. 3123 S. Gertrude South Bend, Indiana 46614 Hurwich Iron Co., Inc. 2016 West Washington South Bend, Indiana 46628 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 /Charlotte Pfeifer Member of the Common Council Mr. Jeremy Barclay, Business License Auditor, Administration and Finance, 12'h Floor County -City Building, South Bend, Indiana, made the presentation for this Resolution. Mr. Barclay advised the Council that this Resolution recommends approval of four (4) scrap yard licenses to complete that part of the annual licensing process. These four (4) applicants were not inspected when the previous eleven (11) applications were submitted for approval and that is why this Resolution is being submitted at this time. 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 Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2903-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 113, 115, 138 BROADWAY AND 710 PENNSYLVANIA AVENUE RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR AMERICAN HOME DREAMS, INC. REGULAR MEETING JULY 10, 2000 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 113, 115, 138 Broadway and 710 Pennsylvania Avenue, South Bend, Indiana, and which are more particularly described as follows: Street Address Legal Description Key Number 115 Broadway 5FT WEST SIDE LOT 18 AND ALL LOT 17 18- 7026 -1034 HANEYS ADDITION 113 Broadway LOT 16 HANEYS ADDITION 18- 7026 -1035 138 Broadway LOT 29 EXCEPT 45 FT SOUTH HANEYS 18- 7026 -1040 ADD 710 Pennsylvania LOT 144 WENGER & KREIGHBAUM 18- 7016 -0625 REPLAT OF WENGER 6TH ADDITION as a Residentially Distressed Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 8845 -97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject 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 REGULAR MEETING JULY 10, 2000 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 that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Ricardo Milton, Executive Director, American Home Dreams, 316 South Eddy Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Milton asked members of the Council to adopt this tax abatement Resolution for the addresses noted in the Resolution. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. REGULAR MEETING JULY 10, 2000 RESOLUTION NO. 2904-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3801 CRESCENT CIRCLE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR CRESCENT MICHIANA PROPERTIES, LLC 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 3801 Crescent Circle, South Bend, Indiana, and which is more particularly described as follows: Lot #32 of Blackthorn Corporate Office Park minor subdivision #7 A part of NE 1/4 & SE 1/4 of sec. 19- T38N -R23 & part of NW 1/4 & SW 1/4 of section 20- T38N -R2E, German Township, City of South Bend, St. Joseph County, Indiana and which has Key Number 25- 1018 -0622, as an Economic Revitalization Area; and WHEREAS, notice ofthe 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 Common Council and approved by the Mayor. s /Charlotte Pfeifer Member of the Common Council Mr. Tom Panzica, 422 East Monroe Street, South Bend, Indiana, Crescent Michiana Properties, LLC, made the presentation for this Resolution. Mr. Panzica noted that the project for which they are petitioning is an addition to an existing building housing the Associates Output Management Services Corporation in Blackthorn Corporate Park. This project has been a success story because of the use of economic incentives of which tax abatement has been an integral part to keep Associates in the City of South Bend. With this new REGULAR MEETING JULY 10, 2000 addition Associates will be able to add seventy -five (75) new jobs within one (1) year. Associates services include data output, printing, sorting and mailing of thirteen million credit card statements per month. That number should double with the expansion of the facility and will create entry level jobs in the information technology field. 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 White seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2905 -00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 6661 LONEWOLF COURT TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10)YEAR REAL PROPERTY TAX ABATEMENT FOR DSM HOLDING, LLC (DBA DELUXE SHEET METAL) 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 6661 Lonewolf Court, South Bend, Indiana, and which is more particularly described as follows: That part of the Northeast & Southeast Quarters of Section 19, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana and which has Key Number 25- 1011 -0610, 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. REGULAR MEETING JULY 10, 2000 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 /Charlotte Pfeifer Member of the Common Council Mr. Kevin Smith, 506 W. South Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Smith indicated that this tax abatement is for further expansion of their facility. They are currently located downtown and are currently out of space. They need to build a larger facility for expansion of their operation and they plan to move to this new facility and buy new additional equipment as well. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. RESOLUTION NO. 2906-00 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT NUMBERS 1 THROUGH 46 ROYAL OAK ESTATES SUBDIVISION RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY RESIDENTIAL TAX ABATEMENT FOR D & H HOME BUILDERS INC. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as Lots 1 through 46 Royal Oak Estates Subdivision, South Bend, Indiana, and which are more particularly described as follows: Lot# Street Address Legal Description Key Number 1 60269 Buckhorn Dr. Lot 1 Royal Oak Estates Major Sub. 01- 1018- 0381.11 2 60281 Buckhorn Dr. Lot 2 Royal Oak Estates Major Sub. 01- 1018- 0381.12 3 60293 Buckhorn Dr. Lot 3 Royal Oak Estates Major Sub. 01 -1018- 0381.13 4 60309 Buckhom Dr. Lot 4 Royal Oak Estates Major Sub. 01 -1018- 0381.14 5 19457 Hildebrand St. Lot 5 Royal Oak Estates Major Sub. 01- 1018- 0381.15 6 19447 Hildebrand St. Lot 6 Royal Oak Estates Major Sub. 01- 1018 - 0381.16 7 19459 Hildebrand St. Lot 7 Royal Oak Estates Major Sub. 01- 1018- 0381.17 8 19479 Hildebrand St. Lot 8 Royal Oak Estates Major Sub. 01 -1018- 0381.18 9 19480 Hildebrand St. Lot 9 Royal Oak Estates Major Sub. 01- 1018 - 0381.19 10 19468 Hildebrand St. Lot 10 Royal Oak Estates Major Sub. 01 -1018- 0381.20 11 19448 Hildebrand St. Lot 11 Royal Oak Estates Major Sub. 01 -1018- 0381.21 12 19428 Hildebrand St. Lot 12 Royal Oak Estates Major Sub. 01- 1018 - 0381.22 13 60332 Buckhorn Dr. Lot 13 Royal Oak Estates Major Sub. 01- 1018 - 0381.23 14 60320 Buckhorn Dr. Lot 14 Royal Oak Estates Major Sub. 01 -1018- 0381.24 15 60308 Buckhorn Dr. Lot 15 Royal Oak Estates Major Sub. 01- 1018 - 0381.25 16 60295 Yellow Wood Dr Lot 16 Royal Oak Estates Major Sub. 01 -1018- 0381.26 17 60307 Yellow Wood Dr. Lot 17 Royal Oak Estates Major Sub. 01 -1018- 0381.27 18 60319 Yellow Wood Dr. Lot 18 Royal Oak Estates Major Sub. 01 -1018- 0381.28 19 60331 Yellow Wood Dr. Lot 19 Royal Oak Estates Major Sub. 01- 1018- 0381.29 20 60326 Yellow Wood Dr. Lot 20 Royal Oak Estates Major Sub. 01 -1018- 0381.30 21 60314 Yellow Wood Dr. Lot 21 Royal Oak Estates Major Sub. 01 -1018- 0381.31 1 1 1 REGULAR MEETING JULY 10, 2000 22 60302 Yellow Wood Dr. Lot 22 Royal Oak Estates Major Sub. 01- 1018- 0381.32 23 60290 Yellow Wood Dr. Lot 23 Royal Oak Estates Major Sub. 01 -1018- 0381.33 24 60317 Boxwood Dr. E. Lot 24 Royal Oak Estates Major Sub. 01- 1018 - 0381.34 25 60339 Boxwood Dr. E. Lot 25 Royal Oak Estates Major Sub. 01- 1018 - 0381.35 26 60351 Boxwood Dr. E. Lot 26 Royal Oak Estates Major Sub. 01- 1018 - 0381.36 27 19309 Nutmeg Ct. Lot 27 Royal Oak Estates Major Sub. 01- 1018 - 0381.37 28 19321 Nutmeg Ct. Lot 28 Royal Oak Estates Major Sub. 01- 1018 - 0381.38 29 19333 Nutmeg Ct. Lot 29 Royal Oak Estates Major Sub. 01 -1018- 0381.39 30 19338 Nutmeg Ct. Lot 30 Royal Oak Estates Major Sub. 01 -1018- 0381.40 31 19326 Nutmeg Ct. Lot 31 Royal Oak Estates Major Sub. 01- 1018 - 0381.41 32 19314 Nutmeg Ct. Lot 32 Royal Oak Estates Major Sub. 01- 1018 - 0381.42 33 60380 Boxwood Dr. E. Lot 33 Royal Oak Estates Major Sub. 01 -1018- 0381.43 34 60368 Boxwood Dr. E. Lot 34 Royal Oak Estates Major Sub. 01 -1018- 0381.44 35 60356 Boxwood Dr. E. Lot 35 Royal Oak Estates Major Sub. 01 -1018- 0381.45 36 60344 Boxwood Dr. E. Lot 36 Royal Oak Estates Major Sub. 01 -1018- 0381.46 37 60332 Boxwood Dr. E. Lot 37 Royal Oak Estates Major Sub. 01 -1018- 0381.47 38 60320 Boxwood Dr. E. Lot 38 Royal Oak Estates Major Sub. 01- 1018 - 0381.48 39 60308 Boxwood Dr. E. Lot 39 Royal Oak Estates Major Sub. 01- 1018- 0381.49 40 60296 Boxwood Dr. E. Lot 40 Royal Oak Estates Major Sub. 01- 1018 - 0381.50 41 60290 Boxwood Dr. E. Lot 41 Royal Oak Estates Major Sub. 01- 1018 - 0381.51 42 60284 Boxwood Dr. E. Lot 42 Royal Oak Estates Major Sub. 01- 1018 - 0381.52 43 19327 Boxwood Dr. N. Lot 43 Royal Oak Estates Major Sub. 01- 1018 - 0381.53 44 19347 Boxwood Dr. N. Lot 44 Royal Oak Estates Major Sub. 01- 1018- 0381.54 45 19367 Boxwood Dr. N. Lot 45 Royal Oak Estates Major Sub. 01 -1018- 0381.55 46 60266 Buckhorn Dr. Lot 46 Royal Oak Estates Major Sub. 01 -1018- 0381.56 as Residentially Distressed Areas; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se g., 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 REGULAR MEETING JULY 10, 2000 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 that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor; and effective upon the completion of the annexation of said real estate into the corporate limits of South Bend, Indiana. s /Charlotte Pfeifer Member of the Common Council Councilmember Aranowski made motion to hear the substitute version of this Resolution. Councilmember Coleman seconded the motion which carried by a voice vote of eight (8) ayes. Mr. Bill Owen, President, Bosh Design Group, Inc., 113 Lincolnway West, Suite 200, Mishawaka, Indiana, was the presenter for this Resolution. Mr. Owen thanked the members of the Council for their review and investigation of this abatement for this residential development which will be an asset to the City of South Bend. A Public Hearing was held on the Resolution at this time. REGULAR MEETING JULY 10, 2000 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 as substituted. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes. BILLS - FIRST READING BILL NO. 52 -00 FIRST READING ON A BILL RE- DESIGNATING AND RE- ESTABLISHING AN HISTORIC LANDMARK FOR REAL ESTATE AT 108 NORTH MAIN STREET, COMMONLY KNOWN AS THE JMS BUILDING, AND RESCINDING ORDINANCE NO. 8915 -98 This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Zoning and Annexation Committee and set it for Public Hearing and Third Reading on July 24, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 53 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST EAST/WEST ALLEY SOUTH OF CALIFORNIA AVENUE FROM THE EAST RIGHT -OF -WAY OF BLAINE AVENUE TO THE WEST RIGHT -OF -WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF BLAINE AVENUE FOR A DISTANCE OF APPROXIMATELY 134 FEET AND A WIDTH OF APPROXIMATELY 14 FEET. PART LOCATED IN MUESSEL 1ST ADD., SOUTH BEND, ST. JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 July 24, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 54 -00 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF NOTRE DAME AVE. FROM THE SOUTH RIGHT -OF -WAY OF SOUTH BEND AVE. TO THE NORTH RIGHT -OF -WAY OF ALMOND COURT FOR A DISTANCE OF APPROXIMATELY 233.3 FEET AND WIDTH OF 12 FEET. PART LOCATED IN THE BUGBEE'S ADD., SOUTH BEND, ST JOSEPH COUNTY, INDIANA This bill had first reading. Councilmember Coleman 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 July 24, 2000. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. REGULAR MEETING JULY 10, 2000 BILL NO. 55-00 FIRST READING ON A BILL AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE ITS "VARIABLE RATE DEMAND ECONOMIC DEVELOPMENT REVENUE BONDS (COLBERT PACKAGING CORPORATION PROJECT), SERIES 2000" AND APPROVING OTHER ACTIONS IN RESPECT THERETO (3620 WEST MCGILL STREET, SOUTH BEND, INDIANA) This bill had first reading. Councilmember Coleman made a motion to refer this bill to the Community and Economic Development Committee and set it for Public Hearing and Third Reading on July 24, 2000. Councilmember Aranowski seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 56-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS 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 Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 57-00 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4200 & 4300 BLOCK OF MEGHAN BEELER COURT 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 White seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS There was no unfinished business to come before the Council at this time. NEW BUSINESS Council President Pfeifer reiterated what she stated at the beginning of the meeting that there will be a Special Meeting of the Common Council on Monday, July 31, 2000 at 7:00 p.m. in the Council Chambers, County -City Building, South Bend, Indiana. PRIVILEGE OF THE FLOOR: Mr. Jim Frick, 61500 Ireland Road, South Bend, Indiana, inquired ifAugust 28, 2000 will be the date the Council will vote on the adult business licensing ordinance. Councilmember Ujdak advised that it is the Council's hope to bring this issue to culmination at that time but at this time the matter has been continued at the request of the City Attorney. Mr. Frick advised that there are currently ninety -four (94) members in the association and that number will be over one hundred (100) by the time of the public hearing on this issue. 2. A gentleman wished to address the Council but did not want to disclose his name or address. After much discussion it was determined that he had to give his name for the record but could put his address in writing and submit it to the City Clerk. 1 REGULAR MEETING JULY 10, 2000 Council President Pfeifer informed the gentleman that if he chose not to adhere to this policy, he could speak individually to any or all of the members of the Council after the meeting or any other convenient time. The gentleman chose not to address the Council at this time. 3. Mr. William Bill, 4718 Boisewood Street, Houston, Texas, informed the Council of some of his personal concerns regarding several issues. ADJOURNMENT There being no further business to come before the Council, President Pfeifer adjourned the meeting at 7:40 p.m. ATTEST: Aoretta D ATTEST: Charlotte Pfeifer, Preside �