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HomeMy WebLinkAbout04-12-99 Council Meeting MinutesREGULAR MEETING APRIL 12, 1999 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, April 12, 1999, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: James Aranowski Charlotte Pfeifer Roland Kelly Karl King David Varner Andrew Uj dak Sean Coleman John Hosinski Rod Sniadecki Absent: None 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 March 22, 1999 meeting of the Council and found them correct. Therefore, we recommend the same be approved. s /Sean Coleman s/David Varner Council member Hosinski made a motion that the minutes of the March 22, 1999 meeting of the Council be accepted and placed on file. Mr. Sniadecki seconded the motion which carried. SPECIAL BUSINESS RESOLUTION NO. 2716 -99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, COMMENDING JANEANNE PETRASS FOR HER DEDICATED SERVICE SINCE 1982 ON THE HISTORIC PRESERVATION COMMISSION WHEREAS, the South Bend Common Council acknowledges that Janeanne Petrass was appointed to serve on the Historic Preservation Commission in 1982; and WHEREAS, Janeanne Petrass, a life -long resident of South Bend, diligently served with much energy, dedication and faithfulness as one of the nine (9) Commissioners comprising the Historic Preservation Commission; and WHEREAS, Commissioner Petrass brought to the Commission a sincere interest and knowledge in historic preservation of our local community; and WHEREAS, through the efforts of the Historic Preservation Commission, many historic landmarks and Historic Preservation Districts have been established which have been based on historical and cultural significance, educational value and suitability for preservation; and WHEREAS, due to the hard work and dedication of Janeanne Petrass and the other members of the Historic Preservation Commission, historic preservation plans have been developed, public interest in historic preservation has been promoted, and buildings depicting our community's rich history have been preserved for generations to come; and REGULAR MEETING APRIL 12. 1999 WHEREAS, the Common Council thanks and congratulates Janeanne Petrass for her years of dedicated service on the Historic Preservation Commission. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. On behalf of all the citizens of the City of South Bend, Indiana, the Common Council thanks JANEANNE PETRASS for her many years of dedicated service as a Commissioner of the Historic Preservation Commission. Section II. The Common Council wishes Janeanne, her husband, Andrew, and their two (2) sons and their families the very best in the years ahead. Section III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ATTEST: s /Loretta J. Duda, City Clerk s/Kathleen Cekanski - Farrand, Council Attorney s /James Aranowski, First District s /Charlotte Pfeifer, Second District s/Roland Kelly, Third District s/Karl King, Fourth District s/David A. Varner, Fifth District s /Andrew Ujdak, Sixth District s /Sean Coleman, At Large s /John Hosinski, At Large s/Rod Sniadecki, At Large s /Stephen J. Luecke, Mayor Councilmember Varner read the Resolution at this time and presented it to Ms. Petrass. A Public Hearing was held on this Resolution. Mr. John Oxian, President, Historic Preservation Commission, 742 Sancome, South Bend, Indiana, spoke in favor of this Resolution. There was no one present wishing to speak in opposition to this Resolution. Councilmember Hosinski made a motion to adopt this Resolution by acclamation. Councilmember King seconded the motion which carried. CHANGE IN COMMON COUNCIL MEETING DATE Upon a motion made by Councilmember Kelly, seconded by Councilmember Varner, the next regular meeting of the Council was moved from Monday, April 26, 1999 to Wednesday, April 28, 1999. This matter received a voice vote of seven (7) "ayes" and one (1) nay vote by Councilmember Ujdak. Councilmember Hosinski was not present for this vote. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Aranowski 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 Pfeifer presided. BILL NO. 12 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5414 WEST SAMPLE STREET, CITY OF SOUTH BEND, INDIANA 46619 1 G REGULAR MEETING APRIL 12. 1999 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a unanimous favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioners are requesting a zone change from "C" Commercial, "A" Height & Area; "C" Commercial, `B" Height & Area; and "D" Light Industrial, "A" Height & Area to "C" Commercial, "A" Height & Area to allow a private club with banquet facilities. The property is currently vacant and access to the site is from Sample Street. Mr. Byorni also advised that Area Plan sends to the Common Council a favorable recommendation on this rezoning as this use would be in keeping with the existing zoning and the surrounding uses. Mr. Michael Danch, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, made the presentation on this bill on behalf of the American Legion Post 357 who are the Petitioners for this rezoning. Mr. Danch noted that the proposed construction is at the former site of Bob's Super Store. He further noted that eighty per cent (80 %) of the site will be for banquet facilities and twenty per cent (20 %) will be for the private club. Mr. Danch informed the Council that if the rezoning is approved they will then have to receive a variance for the required parking spaces for the banquet facility. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried. BILL NO. 24-99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SALARY ORDINANCE FOR NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 1999 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill and sends it to the Council with a favorable recommendation. Ms. Catherine Hubbard - Shead, Director, Human Resources, 1200 County -City Building, South Bend, Indiana, advised that the bill submitted amends the salary ordinance for non - bargaining employees due to the fact that seven (7) positions were either inadvertently omitted or listed at an incorrect rate in the previous salary ordinance. This bill corrects those oversights. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Hosinski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried. BILL NO. 25 -99 A BILL AMENDING ARTICLE 3 OF CHAPTER 19 OF THE SOUTH BEND MUNICIPAL CODE TO REGULATE MEETINGS, EXHIBITIONS AND OTHER PUBLIC EVENTS IN THE INTEREST OF SAFETY This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Council Member Aranowski reported that the Personnel & Finance Committee met on this bill REGULAR MEETING APRIL 12, 1999 and sends it to the Council with a favorable recommendation. Captain Terry Young, South Bend Police Department, 701 West Sample Street, South Bend, Indiana, informed the Council that the Police Department has had some concerns regarding the language in Municipal Code Section 19 -48. They are asking that the Board of Public Safety have some flexibility to request groups who want to use park property for events or meetings to either reschedule the date of use or the property used. This is a public safety issue and the South Bend Police Department and the Board of Public Safety want to make sure that they have the resources and manpower to cover events within the City with police presence and adequate protection. They also want to be able to suggest an alternative date or location for an activity so that the event does not unreasonably cause any problems. 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 Kelly seconded the motion which carried. RISE AND REPORT Councilmember Hosinski made motion to rise and report to the full Council. Councilmember Varner seconded the motion which carried. ATTEST: Lore a J. D a, City Jerk REGULAR MEETING RECONVENED ATTEST: Charlotte Pfeifer, Chap son Committee of the Whole 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 Sean Coleman presided with nine (9) members present. BILLS - THIRD READING ORDINANCE NO. 8997 -99 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5414 WEST SAMPLE STREET, CITY OF SOUTH BEND, INDIANA 46619 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 8998 -99 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SALARY ORDINANCE FOR NON - BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 1999 This bill had third reading. Councilmember Kelly 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. 1 1 REGULAR MEETING APRIL 12, 1999 ORDINANCE NO. 8999 -99 AN ORDINANCE AMENDING ARTICLE 3 OF CHAPTER 19 OF THE SOUTH BEND MUNICIPAL CODE TO REGULATE MEETINGS, EXHIBITIONS AND OTHER PUBLIC EVENTS IN THE INTEREST OF SAFETY This bill had third reading. Councilmember Aranowski made a motion to pass this bill. Councilmember Kelly seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. ORDINANCE NO. 9000 -99 AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING REISSUANCE OF NOT TO EXCEED $12,920,485 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH PROJECT), REISSUANCE OF 1999, SERIES A, B AND C, AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS RELATIVE TO THE PROJECT This bill had first reading. At this time, Mr. Kenneth P. Fedder, Attorney at Law, representing the Economic Development Commission asked that the Council consider suspending its rules. Council President Coleman inquired of Mr. Fedder why this matter warrants suspension of rules. Mr. Fedder indicated that the developer has an opportunity to continue this project and is requesting that the interest rate be re- negotiated yet this month . Mr. Fedder noted that the reason for the time consideration is that this matter came before the Council previously as a Resolution which was withdrawn and is now being submitted as an ordinance. He noted that this is not a general obligation of the City. By acting now, the developer can get a more favorable rate on the bonds. Councilmember Kelly made a motion to suspend the rules regarding this bill. Councilmember Sniadecki seconded the motion which carried and this request was approved with a roll call vote of nine (9) ayes. City Clerk Loretta Duda gave second reading to the bill. Mr. Kenneth P. Fedder, Attorney at Law, representing the Economic Development Commission, stated again that this ordinance requests the refunding of a prior bond issue for the outstanding obligation of the project. Councilmember Kelly advised that the Community and Economic Development Committee took no action on this bill. There being no one present wishing to speak either in favor of or in opposition to this bill, Councilmember Varner made a motion to send this bill to the full Council with a favorable recommendation. Councilmember Sniadecki seconded the motion which carried. This bill had third reading and upon a motion made by Councilmember Hosinski, seconded by Councilmember Sniadecki and carried, the bill was approved and passed with a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 2717-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 3520 REGULAR MEETING APRIL 12, 1999 WESTMOOR STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR AIRCRAFT LANDING SYSTEMS, ALLIEDSIGNAL, 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 3520 Westmoor Street and which is more particularly described as follows: NESE 4 37 2E TRACT 2, CONT 39.32 AC and which has Key Number 18- 2193 -7255, 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 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 /Sean Coleman Member of the Common Council A Public Hearing was held on the Resolution at this time. Mr. John Humphrey, Director of Finance, Aircraft Landing Systems, Alliedsignal, Inc., 3520 Westmoor Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Humphrey stated that Alliedsignal, Inc. is investing over forty -five million dollars ($45,000,000.00) of new capital equipment over the next two (2) years as part of their expansion project. In association with that expansion, it is expected that twenty (20) additional employees will be hired as well as replacement of those individuals who plan on retiring. Mr. Humphrey asked for the Council's favorable approval of this Resolution. 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 1 1 REGULAR MEETING APRIL 12. 1999 Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2718 -99 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 1914 AND 1920 NORTH FREMONT STREET AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR REBECCA HARRIS 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 1914 and 1920 North Fremont Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal cription Key Number 1914 N. Fremont Street Lot 571 Vernon Heights 18- 2096 -3643 1920 N. Fremont Street Lot 572 Vernon Heights 18- 2096 -3639 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., 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 seg., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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 REGULAR MEETING APRIL 12. 1999 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 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 REGULAR MEETING APRIL 12, 1999 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 adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council A Public Hearing was held on the Resolution at this time. Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably. Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, informed the Council that he was present representing Ms. Rebecca Harris. Mr. Urbanski noted that Garden Homes will be building three (3) new houses in the City, one (1) of which is for Rebecca Harris. 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. 2719-99 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 234 SOUTH CHAPIN STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 234 South Chapin Street, South Bend, Indiana, and which is more particularly described as follows: THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 11, 12, 13, AND 14 AS SHOWN ON THE PLAT OF "J. K. HUSTON'S SUBDIVISION OF BANK OUTLOT #72" BEING RECORDED IN PLAT BOOK #2 ON PAGE #27 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT # 11 IN SAID SUBDIVISION WHICH IS S. 89 -34'-11" E., 33.00 FT. AND N. 00 -40'-03" E., 574.71 FT. FROM THE INTERSECTION OF THE CENTERLINE OF CHAPIN STREET WITH THE EAST AND WEST QUARTER LINE OF SAID SECTION 11; THENCE S. 89 -34'- 11 " E. ALONG THE SOUTH RIGHT -OF -WAY LINE OF WAYNE STREET, 239.39 FT. (REC. EAST 239.83 FT.) TO THE NORTHEAST CORNER OF LOT # 14 OF SAID SUBDIVISION; THENCE S. 00 - 40' -03" W. ALONG THE EAST LINE OF SAID LOT #14,154.82 FT. (REC. SOUTH 154.0 FT.) TO THE SOUTHEAST CORNER OF SAID LOT #14 AND THE NORTH RIGHT -OF- WAY LINE OF NAPIER STREET; THENCE N. 89 -33'-50" W. ALONG SAID NORTH LINE, 239.39 FT. (REC. WEST 239.83 FT.) TO THE EAST RIGHT -OF -WAY LINE OF CHAPIN STREET AND THE SOUTHWEST CORNER OF SAID LOT #11; THENCE N. 00 - REGULAR MEETING APRIL 12. 1999 40'-03 " E. ALONG THE EAST RIGHT -OF -WAY LINE OF CHAPIN STREET, 154.80 FT. (REC NORTH 153.98 FT.) TO THE POINT OF BEGINNING. CONTAINING 0.85 ACRES AND COMPRISED OF ONE (1) LOT. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. and which has Key Number 18 -3051 -1977, 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. 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 Petitioner 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 REGULAR MEETING APRIL 12, 1999 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 that ten (10) years is a proper designation in light of the following: 1. South Bend Heritage Foundation needs the reduced taxes in order to establish a cash flow that would be supported by affordable rents; 2. The project is an integral part of the City's development plans for the area; 3. The project compliments the development already occurring in 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Councilmember Aranowski made a motion to accept the substituted version of this Resolution which contains additional language in Section VI. Councilmember Hosinski seconded the motion which carried. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing South Bend Heritage Foundation, 914 Lincoln Way West, South Bend, Indiana made the presentation concerning this Resolution. Ms. Andrews requested a ten (10) year tax abatement for the second phase of the Chapin Market Phase II Project. She noted that Phase I consists of the Sav -A -Lot store and the Chapin Street Clinic. The second phase will consist of a laundry, a pharmacy and a medical durable goods store. Originally, South Bend Heritage thought they would only proceed with the laundry and pharmacy but are more confident that there will be three tenants at this time and therefore has submitted the amended Resolution. This project will entail 13,000 square feet for a total project cost of $900,000.00. 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 the substitute version of this Resolution as submitted. Councilmember Aranowski seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2720 -99 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 1216 WEST COLFAX AVENUE AND 119, 123, 124, 127, 128, 131, AND 132 SPRUCE STREET AS A RESIDENTIALLY DISTRESSED AREA FOR REGULAR MEETING APRIL 12. 1999 PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 1216 West Colfax Avenue and 119, 123, 124, 127, 128, 131, and 132 Spruce Street, South Bend, Indiana, and which is more particularly described as follows: Street Address Legal Description Key Number 1216 West Colfax Avenue Lot 8 of Spruce & Colfax 18- 1040 -1744 Minor Subdivision 119 Spruce Street Lot 4 of Spruce & Colfax 18- 1044 - 1896.01 Minor Subdivision 123 Spruce Street Lot 3 of Spruce & Colfax 18 -1044 -1896 Minor Subdivision 124 Spruce Street Lot 7 of Spruce & Colfax 18- 1044 -1902 Minor Subdivision 127 Spruce Street Lot 2 of Spruce & Colfax 18- 1044 -1895 Minor Subdivision 128 Spruce Street Lot 6 of Spruce & Colfax 18- 1044 -1901 Minor Subdivision 131 Spruce Street Lot 1 of Spruce & Colfax 18- 1044 -1894 Minor Subdivision 132 Spruce Street Lot 5 of Spruce & Colfax 18 -1044 -1900 Minor Subdivision be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., 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 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 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: 1 C REGULAR MEETING APRIL 12. 1999 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 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. REGULAR MEETING APRIL 12, 1999 SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property be designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, representing South Bend Heritage Foundation, 914 Lincoln Way West, South Bend, Indiana made the presentation concerning this Resolution. Ms. Andrews stated that this tax abatement is to continue work they have begun and this particular abatement is for property which has been replatted and which is located across from the City Cemetery. She noted that the project will consist of eight (8) single family owner occupied homes. Ms. Andrews thanked the Council for their consideration of this abatement and noted that the residential tax abatement is an important tool for the community. Mr. Michael E. Urbanski, Garden Homes, 17874 State Road 23, South Bend, Indiana, informed the Council that he is supportive of the tax abatement for South Bend Heritage Foundation. There was no one present wishing to speak in opposition of this Resolution Councilmember Pfeifer made a motion to adopt this Resolution as submitted. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2721-99 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING THE SOUTH GATEWAY COMMERCIAL CORRIDOR ACTION PLAN WHEREAS, the City of South Bend, Indiana, has established a Commercial Corridor Planning Initiative for each of the major gateways into South Bend; and WHEREAS, the South Gateway Commercial Corridor is comprised of those properties abutting South Michigan and South Main Streets on the 700 to 4800 blocks and 200 West to 1400 East Ireland Road as well as other properties in the vicinity which are pertinent to the revitalization of this area; and WHEREAS, the City of South Bend, Indiana, in association with the South Gateway Improvement Association and the South Bend Urban Enterprise Association has commissioned a Strategic Action Plan for the South Gateway Commercial Corridor; and �J 1 REGULAR MEETING APRIL 12, 1999 WHEREAS, the South Gateway Commercial Corridor Action Plan was created through the input of residents, property owners and business owners throughout the commercial corridor and the community at large in several forums including community planning meetings which were advertised in the South Bend Tribune and for which over 400 personal invitations were mailed; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: Section I. That the South Gateway Commercial Corridor Action Plan is approved as the land use policy plan for future land use development in the area considered. Section II. That the Secretary is hereby directed to file a copy of the South Gateway Commercial Corridor Action Plan with the minutes of this meeting. Section III. This Resolution shall be in full force and effect from and after its date of adoption by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Ms. Michelle R. Bush, Economic Development Specialist, Community and Economic Development, 1200 Floor, County -City Building, South Bend, Indiana, made the presentation for this Resolution. Ms. Bush requested adoption of this action plan which was completed by Business Districts, Inc. of Evanston, Illinois. The area is comprised of properties on South Michigan and South Main Streets on the 700 to 4800 blocks and 200 West to 1400 East Ireland Road. The South Gateway Improvement Association has approved this Plan and the Area Plan Commission has also adopted this Plan which is the official policy for the South Gateway. Mr. Jeff Nickerson, 61524 Carrington Drive, South Bend, Indiana, addressed the Council and stated that he is the owner of Honkers Restaurant and the current President of the South Gateway Improvement Association. Mr. Nickerson urged the Council to support this plan and for consideration of any further budgetary considerations for future funding. Mr. Nickerson noted that the corridors are in need of improvement. Mr. Gene Bruce, Executive Dean, Ivy Tech, 1534 West Sample Street, South Bend, Indiana, also spoke in favor of this Resolution. Mr. Bruce noted that Ivy Tech will soon be a new resident of the South Michigan Street area with the school being located on Dean Johnson Boulevard. He noted that the City has made wonderful progress in the neighborhood and he supports the improvement of the South Gateway Corridor. There was no one present wishing to speak in opposition to this Resolution. Councilmember Hosinski made a motion to adopt this Resolution. Councilmember Ujdak seconded the motion which carried with a roll call vote of nine (9) ayes. RESOLUTION NO. 2722-99 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 5207, 5210, 5211, 5214, AND 5215 WINDFALL CT. AS A REGULAR MEETING APRIL 12, 1999 RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR DAVE & LOIS COKER 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 5207, 5210, 5211, 5214 and 5215 Windfall Ct., South Bend, Indiana, and which is more particularly described as follows: Street Address dal Description 5207 Windfall Ct. 190 Mayflower Section 9 5210 Windfall Ct. 177 Mayflower Section 9 5211 Windfall Ct. 189 Mayflower Section 9 5214 Windfall Ct. 187 Mayflower Section 9 5215 Windfall Ct. 188 Mayflower Section 9 Key Number 18- 4129 - 5043.92 18- 4129 - 5043.88 18- 4129 - 5043.91 18- 4129 - 5043.89 18- 4129 - 5043.90 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 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 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 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 REGULAR MEETING APRIL 12. 1999 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 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 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. REGULAR MEETING APRIL 12, 1999 SECTION X. This Resolution shall be in full force and effect from and after its adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Mr. Dave Coker, 3516 Sorin Street, South Bend, Indiana, made the presentation for this Resolution. Mr. Coker advised that he is the developer/builder of this subdivision on the west side of the City. He requested tax abatement on five (5) lots and noted that he previously received tax abatement on five (5) lots. Before that first tax abatement, the lots were not moving and the tax abatement has been instrumental in selling the lots. Mr. Coker noted that this subdivision was initially started fifty (50) years ago. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Hosinski 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. 2723-99 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 301 LAPORTE AVENUE AND 1041, 1043, AND 1047 LASALLE CONNECTOR AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR HOUSING DEVELOPMENT CORPORATION OF ST. JOSEPH COUNTY WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common council of the City of South Bend, Indiana, requesting that the area commonly known as 301 LaPorte Avenue and 1041, 1043, and 1047 LaSalle Connector, South Bend, Indiana, and which is more particularly described as follows: A PARCEL OF LAND ALSO INCLUDING LOTS 1 THRU 7 IN SUMMER'S AND DAVIS ADDITION AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA IN PLAT BOOK 9, PAGE 81, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 44" -51' -49" EAST ALONG THE NORTH LINE OF SAID SUMMER'S AND DAVIS ADDITION, A DISTANCE OF 321.55 FEET TO THE SOUTH - WESTERLY RIGHT -OF -WAY LINE OF LAPORTE AVENUE; THENCE SOUTH 50" - 00' -00" EAST ALONG SAID SOUTHWESTERLY RIGHT -OF -WAY LINE OF LAPORTE AVENUE. A DISTANCE OF 56.90 FEET TO THE NORTH - WESTERLY RIGHT -OF -WAY LINE OF THE LASALLE CONNECTOR; THENCE SOUTH 40" -13'-38" WEST ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 163.36 FEET; THENCE SOUTH 44" -06'-27" WEST ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 191.30 FEET TO THE EASTERLY RIGHT -OF -WAY LINE OF LASALLE COURT; THENCE NORTH 24" -1 P-00" WEST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 77.55 FEET TO THE PLACE OF BEGINNING CONTAINING 0.52 ACRES MORE OR LESS. �l 1 REGULAR MEETING Street Address 301 LaPorte Avenue 1041 LaSalle Connector 1043 LaSalle Connector 1047 LaSalle Connector Legal Description Lot 1 Lot 2 Lot 3 Lot 4 APRIL 12. 1999 Key Number 18- 1043 -1875 18- 1043 -1869 18 -1043 -1868 18- 1043 - 1868.01 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 seg., 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 seg., 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 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 REGULAR MEETING APRIL 12. 1999 G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 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 adopted by the Common Council and approval by the Mayor. s /Sean Coleman Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. REGULAR MEETING APRIL 12, 1999 Ms. Kathryn Baumgartner, Director of the Bureau of Housing and Executive Director, Housing Development Corporation of St. Joseph County, 521 Eclipse Place, South bend, Indiana, made the presentation for this Resolution. Ms. Baumgartner requested tax abatement for four (4) new houses which will be constructed with complete mobility handicap features in the bungalow style. She noted that it is intended that these houses will be sold to first time home buyers. Ms. Dea Andrews, 223 North Scott Street, South Bend, Indiana, spoke in favor of this tax abatement. There was no one present wishing to speak in opposition to this Resolution Councilmember Aranowski noted that he serves as Vice - President of the Board of Housing Development Corporation and Councilmember Pfeifer noted that she also services on the Board of HDC. Both indicated that a review of this matter by the Council attorney reveals that there is no conflict of interest in this matter. Therefore, Councilmember Aranowski made a motion to adopt this Resolution. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLUTION NO. 2724 -99 RESOLUTION NO. 2725-99 Councilmember Kelly made a motion that Bill Nos. 99 -25 and 99 -26 regarding tax abatements for Enterprise Centre Partners, L.P. be combined for Public Hearing. Councilmember Varner seconded the motion which carried. RESOLUTION NO. 2724 -99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 2 OLIVE ROAD COMMERCE PARK (6879 ENTERPRISE DRIVE) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR ENTERPRISE CENTRE PARTNERS L.P. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution, Resolution No. 2624 -98 adopted on May 11, 1998, 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 Lot 2 Olive Road Commerce Park (6879 Enterprise Drive), South Bend, Indiana, and which is more particularly described as follows: LOT NUMBER 2 OF THE OLIVE ROAD COMMERCE PARK, SECTION ONE and which has Key Number 04- 1011 -0187, 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 had determined that the qualifications for an economic revitalization area have been met. REGULAR MEETING APRIL 12, 1999 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 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 /Sean Coleman Member of the Common Council RESOLUTION NO. 2725-99 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 3 OLIVE ROAD COMMERCE PARK (6851 ENTERPRISE DRIVE) TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR ENTERPRISE CENTRE PARTNERS L.P. WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution, Resolution No. 2625 -98 adopted on May 11, 1998, 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 Lot 3 Olive Road Commerce Park (6851 Enterprise Drive), South Bend, Indiana, and which is more particularly described as follows: LOT NUMBER 3 OF THE OLIVE ROAD COMMERCE PARK, SECTION ONE and which has Key Number 04- 1011 - 018708, 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 purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) REGULAR MEETING APRIL 12, 1999 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 /Sean Coleman Member of the Common Council Councilmember Kelly reported that the�Community and Economic Development Committee met on these bills and recommends these Resolutions to the Council favorably. Councilmember Kelly also noted that there are amendments to both bills to indicate that they are ten (10) year tax abatements and he so moved to accept the amended versions of these bills. Councilmember King seconded the motion which carried, and the Resolutions were amended in the title and in Section II. to indicate that they are ten (10) year tax abatements and not six (6) years. Mr. Frank Perri, Director of Development, The Holladay Group, 227 South Main Street, South Bend, Indiana, made the presentation for these two (2) Resolutions. Mr. Perri informed the Council that he is pleased to announce that these projects, totaling more than 162,000 square feet, are fifty per cent (50 %) pre - leased and it anticipated that they will have one hundred thirty (13 0) to one hundred fifty (15 0) people on the site in full employment. He noted that they are moving fast to completion in early summer. 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 for the adoption of Resolution No. 2724- 99 as amended. Councilmember Kelly seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. Additionally, Councilmember Kelly made a motion for the adoption of Resolution No. 2725 -99 as amended. Councilmember King seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. BILLS - FIRST READING BILL NO. 27 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 2, OF CHAPTER 21, ZONING, OF THE SOUTH BEND MUNICIPAL CODE TO ALLOW ACCESSORY BUILDINGS IN "O" OFFICE This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried. BILL NO. 28-99 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF W. TASTER STREET FROM THE EAST RIGHT -OF -WAY OF S. MAIN STREET TO THE WEST RIGHT -OF WAY OF THE FIRST NORTH/SOUTH ALLEY EAST OF S. MAIN STREET A DISTANCE OF APPROXIlVIATELY 166 FEET AND A WIDTH OF 14 FEET. PART LOCATED IN WHITCOMB & KELLER'S BEVERLY HEIGHTS ADDITION, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA REGULAR MEETING APRIL 12, 1999 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 April 28, 1999. Councilmember Pfeifer seconded the motion which carried. BILL NO. 29-99 A BILL OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA APPROVING REISSUANCE OF NOT TO EXCEED $12,920,485 MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (THE POINTE AT ST. JOSEPH PROJECT), REISSUANCE OF 1999, SERIES A, B AND C, AND MAKING CERTAIN OTHER FINDINGS AND DETERMINATIONS RELATIVE TO THE PROJECT The Council suspended the rules for this bill and it received first, second and third readings at this meeting. See Ordinance No. 9000 -99 above. BILL NO. 30 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, BOARD OF ZONING APPEALS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDINGS IN "C" COMMERCIAL DISTRICTS This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Varner seconded the motion which carried. BILL NO. 31 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE PROPERTY LOCATED AT 202 SOUTH CHAPIN ST., 208 SOUTH CHAPIN ST., AND 210/212 SOUTH CHAPIN ST. IN THE CITY OF SOUTH BEND, INDIANA This bill had first reading. Councilmember Hosinski made a motion to refer this bill to the Area Plan Commission. Councilmember Pfeifer seconded the motion which carried. BILL NO. 32 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE PROPERTY LOCATED AT 234 SOUTH CHAPIN STREET IN SOUTH BEND, INDIANA This bill had first reading. Councilmember Pfeifer made a motion to refer this bill to the Area Plan Commission. Councilmember Kelly seconded the motion which carried. BILL NO. 33 -99 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS THE LICENSING OF PRECIOUS METALS DEALERS AND SECONDHAND STORES This bill had first reading. Councilmember Varner made a motion to refer this bill to the Personnel and Finance Committee and set it for Public Hearing and Third Reading on April 28, 1999. Councilmember Pfeifer seconded the motion which carried. UNFINISHED BUSINESS Councilmember Pfeifer reminded everyone of the Reinventing Law Enforcement & Loitering 101 Conference to be held at IUSB on Friday, April 23, 1999. NEW BUSINESS Councilmembers Ujdak, Pfeifer, Hosinski and President Coleman informed the public about upcoming events in their districts and in the community. REGULAR MEETING APRIL 12, 1999 PRIVILEGE OF THE FLOOR Mr. Jim Cierzniak, 1156 East Victoria, South Bend, Indiana, addressed the Council regarding the first two (2) months of the operating statement for the Hall of Fame. Mr. Cierzniak submitted to the Council his comments in writing. Mr. Ron Milliken, 25301 Adams Road, South Bend, Indiana, addressed the Council about his concerns regarding the construction of a new water tower. Mr. Milliken thanked Councilmember Sniadecki for the information which he received but pointed out that the information contained quite a few errors. He also informed the Council that the original site for the proposed water tower, being on Adams Road, was denied by the FAA. ADJOURNMENT There being no further business to come before the Council, Council President Coleman adjourned the meeting at 8:35 p.m. ATTEST: %a, ATTEST: 0 Sean Coleman, President